Claiming damages

The starting point in the liability law is that everyone bears their own damages. This rule is departed from if those damages are caused by another or are borne by another. This is the case, for example, when damage is caused by not properly fulfilling an agreement. The person who caused damage to another is then obliged to compensate that damage. In practice, claiming damages is a regular occurrence. 

When to claim damages? 

When someone causes damage to another person, he is obliged to compensate that damage. There are several situations that can lead to a right to compensation. First, the deficiency in the performance of a contract, or breach of contract, a cause of action for damages. Damages can also be claimed if the agreement is rescinded on the grounds of breach of contract. The second major avenue for claiming damages is in the case of a wrongful act. Important for both situations - and all other grounds for damages regulated by law - is that there must always be a causal connection between the event causing the damage (e.g., the breach of contract or tort) and the damage. 

What damages should be compensated? 

Under the law, damages, which must be compensated pursuant to a legal obligation to pay compensation, consist of property damage and other loss. Capital damages include both losses suffered and lost profits. Suppose someone is hit and breaks his leg. Then not only the hospital and recovery costs (suffered loss) must be compensated, but also, for example, the hourly wage he did not earn because he could not work (lost profit). ‘Other loss’, also known as immaterial damage, is only compensated to the extent that the law gives a right to compensation for it. This type of compensation is also known as damages. For such harm, the injured party is entitled to compensation if the liable person also intended to inflict such harm. This does not happen very often in civil cases. 

How is the amount of compensation determined? 

The court estimates damages in the manner most consistent with their nature. If the extent of the damage cannot be accurately determined, it is estimated. For property damage, it is usually easy to estimate damages. Other damages are more difficult to estimate. According to the law, the injured party is entitled to damages to be determined in fairness. The amount of compensation may also be reduced if the event resulted in a benefit in addition to damages and if, for example, there was own fault. 

Lawyer for claiming damages

Claiming damages is subject to a number of conditions. The law also imposes requirements on what damages can be compensated and how the amount of this compensation is determined. If you have suffered damages and wish to receive compensation for this, it is advisable to contact a specialized lawyer as soon as possible. The lawyers at Lexys Advocaten can tell you more about the possibilities of claiming compensation, or what you should and should not do if you have caused damage yourself.