Damages are damages or deterioration produced to a person or property by another party and damages are that income or collection that should have been received from that damaged property or property.
Damages is an expression that is usually joint when in a judicial process compensation is requested.
Compensation for damages is the consequence of proof of civil liability. This means that a person has received from another an impairment of a good or his person and that it is necessary to be compensated for it.
Both individuals and legal entities may be obliged to pay this compensation for damages.
Damages can be the damage caused to an asset, part of the patrimony, the impairment in the person himself or even moral damages.
As for the damage, it will depend directly on the damage caused. In other words, the greater the damage, the greater the economic loss of the injured party.
The quantification of these damages is usually left to the arbitrariness of the legislator and the judicial authority. These usually have a range in the law, but ultimately it will be your appreciation of the damage that decides the amount of compensation due.
Requirements for these damages to occur
The main requirements are:
- They must be actual damages.
- There has to be a cause and effect. In other words, the actions of the opposing party had to be the cause of the damage caused to the property or to the person himself, otherwise it will be understood as a fortuitous event.
- Accredited (usually through experts) these damages.
- It has to be an emergent, real and effective damage.
Types of damage
Damages can be classified into the following three:
- Property damage: These are those that can be directly valued in money. For example, a painting valued at 1,000 euros has been damaged.
- Non-pecuniary damage : These damages do not affect the assets of the person but they do affect their psychological health. For example, the insult that may violate the right to honor influences moral damage.
- Loss of profit: This means that money that has ceased to be received due to the damage suffered to some property of the patrimony. For example, if a property that was for rent is damaged, it cannot be re-leased until it is repaired and, therefore, money that one had the real hope of receiving is lost.
There are damages but they are not compensated. This occurs when one of these four situations occurs:
- Legitimate defense: It is damage caused by defending yourself against an attack.
- State of necessity: It is the situation where the damage occurs to avoid a greater evil of one’s own or someone else’s.
- Consent of the injured party: Only exempts from compensation when non-patrimonial damages have occurred.
- Fortuitous event: It is an unforeseen or unavoidable situation. There is no necessary causality between the action of the person and the damage produced.