Compensation
The long experience that our lawyers have in claiming damages allows us to acknowledge that we are specialists in this field. We have conducted hundreds, if not thousands, of court cases in this area. In these cases, the extremely important thing is a proper, reliable and realistic assessment at the early stage. Our experience allows us to make such an assessment, that is, to identify the existing risks, to set the right direction for the case, and possibly to develop various options of action.
Compensation
The long experience that our lawyers have in claiming damages allows us to acknowledge that we are specialists in this field. We have conducted hundreds, if not thousands, of court cases in this area. In these cases, the extremely important thing is a proper, reliable and realistic assessment at the early stage. Our experience allows us to make such an assessment, that is, to identify the existing risks, to set the right direction for the case, and possibly to develop various options of action.
In what cases can we help?
On Polish roads there are about 25 thousand traffic accidents every year. In many cases they result in damage to the health of the persons injured: pedestrians, passengers, cyclists or drivers. In our law firm, we pursue claims related to damages to health such as: broken bones, fractured spine, multi-organ injuries, “whiplash” injury (invisible injury of the cervical part of the spine most often sustained when hit from behind). We also claim compensation for the costs of medical treatment, costs of rehabilitation, travel to medical facilities, costs of care provided by a relative, and lost earnings as a result of the accident.
In more serious cases, the injured party may also receive benefits in the form of a life allowance or a temporary annuity if, as a result of the injury, his or her future prospects have deteriorated, i.e., he or she has lost physical fitness or their appearance has deteriorated.
Every year in Poland around 3,000 people die as a result of traffic accidents. The closest family is entitled to a number of claims due to the death of their loved one. First of all, a compensation for the harm suffered, which usually has a high value. Then, there is a compensation for funeral expenses and medical expenses of the deceased. Particularly important from the point of view of the relatives of the deceased are all also the claims related to the worsened financial situation of the family in the wake of losing the breadwinner or a person obliged to pay alimony. In these situations one has a right to pensions or compensations, and the person entitled to claim these damages is most often the spouse and children of the deceased, but, in some cases, it may be also distant relatives. These compensations often take the form of monthly payments paid over many years (e.g. in the case of a minor until he or she comes of age or becomes independent), intended to secure the legitimate long-term needs of the injured person.
This involves, among others, tripping on an icy pavement, or an unsnowed street; falling down from dangerous stairs; injury from a falling tile from a roof that has not been renovated; being bitten by a dog, etc.
In today’s social reality, especially with the use of internet and IT tools, infringement of personal rights occurs particularly often, for example infringement of the right to image, or the right to privacy, persistent harassment (stalking), slander, publication of intimate photos, etc. In such situations, apart from the steps that can be taken under criminal law (see the criminal law section), civil law measures can be taken to compensate the injured party for the damage suffered (moral or material). The result of such actions is compensation for non-material (moral) damage or other appropriate compensation.
Cases resulting from a medical error are a category of compensation cases with a very high degree of complexity. Not every unsuccessful procedure or operation is a medical error. In order to claim damages, it is necessary to prove that the hospital or the doctor made a wrong diagnosis that resulted in harm to the patient; that the medical treatment was wrongly performed or omitted; or that the medical procedure or operation was performed contrary to the art of medicine.
As lawyers representing the injured, we deal with enforcement of compensation claims against the pension authority: ZUSU, KRUSU in cases involving accidents at work and supplementary compensation from the employer or their insurer. It is irrelevant whether the employee worked legally or illegally, without a contract. In this case, too, he is entitled to compensation claims.
In practice, in the majority of cases where an insurance company liquidates damages consisting in destruction of the vehicle involved in a collision, the compensation is reduced based on lowered hourly wages of the mechanics, or the value of alternative parts instead of original parts.
It happens that despite a valid AC or autocasco insurance policy, the insurer refuses to pay compensation questioning the fact of it being stolen, stating that the car keys were allegedly copied, or based on the fact that the vehicle registration document or the vehicle card was left in the car.
This encompasses, among others, damage to crops made by animals, drought damage, frost damage, damage to health during work in an agricultural holding or in the field, damage to property, equipment belonging to the farmer.
It happens when a damage was caused during transport, e.g. the cargo transported or whose transport was ordered was damaged or lost.