TORT LAW

We live in times of increasing risk of damage, primarily due to the rapid technical and technological development; times of increasing numbers and scope of damage, which is sometimes so great as to occasionally (and ever more frequently) exceed the financial capacities of the tortfeasor or person responsible for the tortfeasor; times in which damage can simultaneously be attributed to a number of natural and human factors that make the classic causality theory painfully insufficient for the resolution of concrete cases of the legal relationship of liability for damage.

A single adverse event can literally destroy the life and existence of a person and its family, and even sound the death knell of a legal person. The society (including Croatian) mostly consists of the middle or even lower middle class (mainly living off salaries or relatively average other revenue). An adverse event suffered can have a devastating effect on the members of these social groups. In the legal relationship of compensation for damage, the injured parties are seeking neither mercy nor social welfare. They are entitled to be compensated for their loss.

The general rule of Tort Law is that a person who inflicts damage on another person is liable to compensate the injured party for the damage suffered, unless he proves that the damage was caused without any fault on his part (Article 1045 of the Obligatory Relations Act, Official Gazette no. 35/2005, 41/2008, 125/2011, 78/2015, 29/2018).
When the final consequence of injuries suffered in an adverse event is the death of a close person during medical treatment, if members of the immediate family of the injured party did not receive compensation for non-material damage due to especially severe disability of a close person, they are entitled to be compensated for non-material damage on the grounds of death of a close person.

However, identifying the person who caused a concrete damage is sometimes difficult, since everyone involved is always trying to release themselves from liability, getting relevant information can be challenging, etc.

In trying to establish who is responsible and whether anyone is responsible or the event can be attributed to chance or force majeure, the initial investigation of what had transpired in the concrete case, law and court practice are of utmost importance.

However, before initiating any proceedings, it is important to entrust the case to an experienced professional who will decide whether there are any grounds for seeking compensation for damage and determine the amount of material and non-material damage suffered.

We offer the following services from the field of compensation for damage:

• legal counselling and analysis of adverse events, establishment of grounds for realization of compensation for damage

• filing requests for amicable dispute resolution to insurance companies, i.e. tortfeasors and representation in the procedure of amicable dispute resolution

• assessment of the value of the non-material damage suffered due to the violation of a person’s right to mental and physical health by a certified court expert prior to suit
  filing

• initiating and conducting civil procedure for the compensation of material or non-material damage.