One of the main areas we deal with in the Law Firm Križanec is also the area of tort law, where we have represented clients for more than 50 years.
Tort law is the branch of law that deals with damages and tort events. Simply put, tort law sets out the rules for determining whether an event gives rise to legally recognised damage, whether the person causing the damage is liable to compensate for it (or is liable for it) and, if so, in what amount. Damage may be pecuniary or non-pecuniary. In the case of pecuniary damage, we are talking about a reduction in a person’s assets (so-called “ordinary damage”) or a loss of profit (if the damage prevents the person from increasing his or her assets). In the case of non-pecuniary damage, we are talking about damage that does not occur to a person’s assets. Non-pecuniary damage is divided into physical pain, mental pain and fear. Compensation for damages can be either pecuniary or non-monetary.
For liability for damages to be cumulative, the elements of a tort (the prerequisites for liability for damages) must be present, namely:
The conduct from which liability for damages arises mustinfringe a legally protected interest of a third party (the injured party) contrary to legal norms (i.e. in an unlawful manner). The unlawfulness of the conduct may be excluded in the case of acts of force majeure, extreme duress (distress), self-help and consent of the injured party;
Not all “damage” is legally recognised damage. The law broadly recognises two forms of damage – pecuniary damage and non-pecuniary damage. You can read more about pecuniary and non-pecuniary damage below;
There are several different theories of causation (equivalence theory, theory of adequate causation, ratio legis theory of causation). The judge will choose the theory of causation that leads him to a just solution – causation will be established when the damage is attributable to the conduct of the person causing the damage;
In the context of liability, we distinguish between culpable (subjective) and strict liability (i.e. liability without fault). In tort law, fault liability is the rule, but there are of course also many cases of strict liability. In Slovenian tort law, fault (in the form of slight negligence) is presumed, which means that the injured party does not have to prove it. If the injured party alleges intentional or gross negligence, he or she must prove this form of fault. The basic conditions for fault are capacity to act in tort (which is acquired by anyone after the age of 14) and discretion (meaning that the person does not have a mental disability, etc.).
A tort lawyer must provide the client with a personal and professional relationship, be responsive and highly professional and, above all, keep up to date with the latest international standards.
As explained above, property damage can take the form of “ordinary damage” or lost profits. Ordinary damage refers to the reduction of a person’s property (e.g. if someone destroys your car and it is worth less, this is ordinary damage). Lost profits, on the other hand, refer to the prevention of an increase in property (this is the profit you reasonably expected in the normal course of things but did not get as a result of the event).
In principle, when determining material damage, we compare the state of the property before and after the event, and the difference is the damage. The fundamental principle in the recovery of material damage is that of full compensation or restitution. In our legal order, the integrity of the individual’s property is fully protected, which means that the person responsible for the damage must make full reparation for it.
A tort lawyer will be able to help you calculate and quantify the damages you have suffered.
In practice, there may be cases where the destroyed item has a high sentimental value for the injured party. The market value of the item may be relatively low, but it has a high sentimental value for the victim.
The law takes into account only to a limited extent the subjective value of the thing – i.e. in cases where it is destroyed or damaged intentionally. Therefore, if the person causing the damage acts intentionally and causes damage to the object, the court will be able to assess damages according to the value of the object to the injured party.
Injury or impairment of health (e.g. as a result of an accident) usually refers mainly to non-pecuniary damage (more on non-pecuniary damage below). However, in the case of injury or impairment of health, pecuniary damage may also be relevant.
So, in the event of injury or damage to health, you can claim compensation for:
Non-pecuniary or moral damage is an interference with non-pecuniary legal goods and cannot be adequately expressed in monetary terms. In the case of non-pecuniary damage, restitution is not possible, so it is not “real” compensation, but a means by which the injured party obtains what is known as “just satisfaction”.
In the following cases, the victim is entitled to financial compensation for non-pecuniary damage:
The injured party will only receive compensation if his or her suffering as a result of the harmful event is expressed in the “prescribed manner ” – i.e. in one of the forms listed above.
According to the settled case law of the Supreme Court of the Republic of Slovenia, the compensation awarded must reflect both the subjective prejudice suffered by the individual and the proportionate equality between the injured parties according to the gravity of the case. An experienced compensation lawyer will help you obtain fair compensation for the non-pecuniary damage you have suffered, which adequately reflects your subjective suffering as a result of the harmful event.
Damages can be recovered in the form of monetary damages (payment) and non-monetary damages (e.g. publication of a judgment or correction, or injunctive relief).
At Križanec Law Firm, we represent both the injured and the perpetrators of the damage. We provide our clients with fair compensation in accordance with the case law and the practice of insurance companies in the Republic of Slovenia.
At Križanec, we deal with a wide variety of compensation cases. The most common cases are related to road accidents and work injuries, as well as cases that have the legal elements of criminal offences (e.g. causing slight or serious bodily injury). In these cases, civil compensation proceedings will take place either alongside or after the criminal proceedings.
If you suffer personal injuries as a result of someone else’s actions, you have the right to claim compensation from that person. As explained in the previous chapters, both pecuniary (medical expenses, loss of earnings, etc.) and non-pecuniary (physical pain, mental pain and fear) damages are relevant in the case of personal injuries. Personal injuries of various kinds are often the result of road accidents, but also of other negligent or intentional acts of persons (e.g. improper use of dangerous goods, violent behaviour of individuals, etc.).
Our tort lawyers have extensive experience and will be able to help you build a claim against the person who caused the damage.
Unfortunately, we also see cases of accidental death caused by the actions of another person. In these cases, the relatives of the deceased are entitled to compensation. Compensation can range from covering the cost of the deceased’s medical treatment (before death), funeral expenses, to compensation for mental anguish at the death of a loved one, and compensation for loss of livelihood (if the deceased was the breadwinner).
At Križanec, we will be happy to help you recover fair compensation. While compensation cannot compensate for the loss of a loved one, it can help you get through the difficult time after the loss of a loved one.
Our lawyers have extensive experience in work accidents. Accidents at work are relatively common in Slovenia. They can occur due to inadequately organised safety at work, a lack of caution on the part of the worker, or simply due to an unfortunate combination of circumstances.
If you have suffered an injury at work as a worker, we will help you prepare a claim for compensation to be submitted to your employer. In our experience, employers are often willing to settle with the injured party (if not before, through mediation), as they want to avoid lengthy court proceedings.
Road accidents are one of the most common sources of claims. A lawyer dealing with this area should also have a good knowledge of insurance law and the practice of Slovenian insurance companies. The insurance company of the person who caused the accident (the owner of the vehicle) will cover compensation for the damage caused by the accident.
The Slovenian legal order does not provide a transparent framework for the State’s liability for damages. The liability of the State for damage caused by State bodies, local authorities or holders of public powers is primarily regulated by the Constitution. If you intend to bring a claim for damages against the State, you are advised to choose a lawyer who has experience and knowledge in this area, as a good knowledge of the case law in these cases is essential.
In the context of State liability, there are various compensation schemes (i.e. State liability without wrongful conduct) – typical examples are compensation schemes for damage caused by compulsory vaccination, damage caused by wrongful conviction or false imprisonment, and so on.
If you have suffered damage, you will need to make a claim for compensation and send it to the person who caused the damage (or their insurer). A lawyer experienced in compensation law will be able to make a proper assessment of the damage (which will, of course, be as good and as fair as possible for you) and write a well-reasoned claim for compensation.
In practice, we see that clients represented by lawyers in compensation cases end up with higher compensation than those without lawyers. This is because, at first sight, the compensation (offered to you in a settlement by the injured party or the insurer) may seem high and you are quick to accept it. In reality, however, after calculating the damages, we often find that the client has received significantly less compensation than he or she would have been entitled to under current case law. The experts at our law firm therefore strongly advise you to consult a compensation lawyer as soon as possible in the event of an accident.
The amount of compensation you receive will depend largely on whether you negotiate with the person who caused the damage yourself, or whether a lawyer who is an expert in compensation law prepares and represents the claim on your behalf.
After an incident in which you have suffered a specific loss, we advise you to contact a personal injury lawyer as soon as possible. After a discussion, the lawyer will advise you on the best way to proceed.
As a general rule, your lawyer will first draw up a claim for compensation, which will be sent to the insurer or the surety company. As this is the quickest and cheapest way for the client to recover damages, we aim to reach a fair out-of-court settlement. If an agreement can be reached with the person who caused the damage (or their insurer), the case can be concluded very quickly. If a settlement is not possible (either because the person who caused the damage does not admit liability or because he or she offers too little compensation), it is necessary to take legal action.
The damages procedure takes a little longer, but still makes sense in cases where the person who caused the accident either denies liability or offers insignificant compensation in settlement. If your compensation lawyer thinks that you should be entitled to more compensation under current case law, it makes sense to go ahead with the lawsuit.