Rules
a) Coverage of medical expenses of the victim and / or funeral costs
If an accident victim has suffered:
injury
health disorder
or died
should insist on adequate provision of money as compensation. Compensation can be sought directly from the perpetrators of the events giving rise to damage. However, if the offender possessed a policy of insurance against liability, adequate provision must be sought from the appropriate insurance company.
The victim or his family are entitled to the following benefits.
Medical costs of the victim and / or funeral costs.
On the basis of art.444 § 1 of the Civil Code a person who has suffered injury or health disorder may claim medical expenses, which include:
Costs of drugs, dressing and hygiene
The costs of rehabilitation devices, orthopedic and prosthetic
The costs of hospitalization and rehabilitation
The costs of specialist consultations
The costs of additional or revised nutrition during treatment
The costs of care in the treatment and rehabilitation
The costs of transport to a medical facility and rehabilitation
Travel expenses of coming to medical facilities for visitors
The cost of preparing the person to another profession
Adaptation costs such as housing for the disabled
All costs should be documented eg VAT receipts and invoices. The victim is also entitled to require the payment of medical expenses in advance of their actual incurred. This fact should be uprawdopodobniony example, by providing accounts and certificates of having to bear the costs.
If an accident victim has died, the person who incurred medical expenses and funeral of the deceased, has the right to demand their return. The burial costs include:
funeral expenses,
transport of the body,
purchase of coffins, wreaths, obituaries,
mourning clothes,
place in the cemetery and gravestone issue (tomb)
Mass funeral
cremation
food and drinks for immediate family.
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b) compensation for harm
If the victim has suffered an injury or health, on the basis of art.445 § 1 of the Civil may claim compensation which alleviate the sense of injustice after the accident, compensate for physical and mental suffering and help them adapt to the new conditions after the accident. The amount of compensation depends on, among from:
the nature of the injury,
intensity of individual suffering,
period, and treatment and rehabilitation,
life consequences of the accident,
age, sex, marital status,
profession,
life situation of the victim,
helplessness of the victim.
The process of determining the amount of compensation is always individualized, should include all suffering already experienced by the victim, as well as those that are likely to suffer in the future. It makes no matter that the victim will not realize the full extent of the size of the harm (eg children or mentally disabled persons).
Amount of harm suffered by the victim is irrational and it is not possible to determine damages in a way that corresponds exactly to reality. However, the amount can not be a token amount, and must present an economically sensible value for the victim.
You should also keep in mind that compensation can be claimed only for the injured person's life. A claim for compensation may be inherited only if they have been declared in writing or if the action is brought by the injured person's life.
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c) damages in respect of pension increased needs
In accordance with Art. 444 § 2 of the Civil Code if an accident occurred at the victim's needs increase, it may require the debtor to remedy adequate pension. This situation usually occurs when the victim is taking steps to improve the health status such as:
use the care and assistance of a third party,
applies rehabilitation,
uses a special diet,
the cure
purchases of dressing and hygiene
renews operated Orthopaedic
The victim should be able to substantiate increasing needs. The basis for the granting of pensions is detailed and possibly accurate medical opinion, establishing the scope of the special needs of the patient in the treatment, rehabilitation and recommended lifestyle. The opinion should also identify the causes of increased longevity needs or even irreversible damage.
If you can not determine the full extent of the damage, the victim may be granted a temporary annuity
Disability benefit principle is paid monthly to the victim. Pursuant to art. 447 Civil Code important reasons, the court may, at the request of the victim, rather than grant him a pension or part of one-time compensation. In particular, this refers to a situation where an accident victim has a disability, a single compensation award will help him to perform a new profession. Also, the parties may enter into an agreement as to the civil liability cap pension (convertible to one-time compensation).
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