DOG BITE ON THE STREET: HOW TO EXERCISE THE RIGHT TO COMPENSATION FOR IMMOVABLE DAMAGE IN SERBIA?
What constitutes non-material damage? Intangible damage or non-property damage is damage that has been suffered to intangible, personal goods such as suffered fear or physical pain. This area is regulated by law, which provides for forms of non-material damage, as well as the method of material compensation for non-material damage suffered.
At the beginning, the concepts of material and non-material damages, for the sake of a better understanding of the topic. Material damage is that which occurs on material goods, and represents a decrease in one's property or the prevention of its increase.
Therefore, if someone - a pest destroys your car, you suffer material damage in the form of a reduction in property. If that car is a taxi vehicle, and you are engaged in taxi transportation, the pest not only reduced your property, but also prevented its increase, because by that act you are prevented from carrying out your activity and generating income in that way. On the other hand, non-material damage is that which is suffered on non-property goods, which we will get to know in detail in the rest of this blog.
This topic is of particular importance due to the large number of life situations in which a person suffers damage of an intangible nature, namely damage that the law recognizes as such, and as a result of which he acquires the right to compensation for the said damage.
So in situations that are very frequent, such as the bite of a stray dog,one can come to the wrong conclusion that there is no damage because no property has been damaged or destroyed, and therefore there is no right to compensation for the same, but the law, as well as legal practice, say otherwise. In this blog, we will describe the types of non-material damage, as well as the steps that need to be taken in order to obtain the legally prescribed compensation for the same, especially in a situation where you are bitten by a stray dog on the street.
Have you experienced a dog bite? You have the right to compensation!
A dog bite — whether it's a stray dog or an owner's dog — can cause physical pain, fear and other consequences that can be the basis for compensation for material and non-material damage according to the laws of the Republic of Serbia. Our team of lawyers knows how to help you achieve **the highest possible damages** with adequate legal representation.
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FORMS OF INTANGIBLE DAMAGE
Our legal system recognizes several forms of non-material damage, and this legal issue is regulated by the Law on Obligations.The aforementioned law provides for the following forms of non-material damage:
- For suffered physical pain;
- For suffered mental pain due to: reduction of life activity, disfigurement, damage to reputation, honor, freedom or right of personality, death of a close person;
- For the fear suffered.
It is necessary to clarify the aforementioned forms of non-material damage. In order to make this question easier to understand, we will show these forms of non-material damage through our example of a dog bite.
In the event of a dog bite, the injured person may suffer non-material damage in the form of physical pain,fear suffered during the harmful event, as well as mental pain suffered..
The third form of non-material damage listed, mental pain, does not automatically lead to the right to compensation for non-material damage, but it must be mental pain caused by a reduction in life activity, disfigurement, injury to reputation, honor, freedom or personal rights or the death of a loved one.
In a concrete example, if you are bitten by a dog on the street, that event will most likely cause you physical pain that can be of different duration and intensity depending on the place of the bite, as well as fear that occurs as a form of negative feeling due to a dangerous and harmful event. If the said dog bite caused a decrease in the life activity of the injured person or disfigurement, the injured person will also have the right to compensation for non-material damages due to the mental pain suffered due to the aforementioned reduction in life activity or disfigurement.
HOW IS NON-MATERIAL DAMAGE PROVEN?
There is no single way of proving non-material damage, precisely because of the different forms of the damage itself, as well as a large number of different life situations in which non-material damage occurs. One of the main and certainly the most reliable methods of proving the existence of non-material damage is the finding and opinion of a court expert of the appropriate profession, for the reason that court experts are the most qualified experts in the subject area who give a finding, as well as their opinion on the existence of non-material damage in a specific event.
In addition to court expert testimony, police records, reports of specialist doctors, statements of witnesses who witnessed the harmful event, as well as other evidence recognized by the legal system of the Republic of Serbia can be used as evidence.
In the specific situation, if you are bitten by a stray dog on the street, there are certain steps you should take in order to be able to exercise your right to compensation.
Therefore, the first step, which is certainly a natural reaction to such a life event, is to go to a medical facility that will make sure that the dog bite wound is properly diagnosed and repaired.
On the other hand, from a legal point of view, it is of crucial importance that you go to a medical institution, because that institution will prepare medical documentation, such as a specialist doctor's report, which represents material evidence of the fact that the dog bite actually happened, and when the court proceedings are initiated, this documentation will be attached to the lawsuit.
In addition to going to a medical facility, it is additionally necessary to inform the police about the harmful event,who will ask you to explain what, when and how it happened. Based on your statement about the harmful event, the police will make an official note, which is also a document that has the capacity to prove that the dog bite took place, and which will be attached to the court.
WHAT IS THE FLOW OF THE PROCEDURE FOR COMPENSATION OF NON-MATERIAL DAMAGE
After collecting all the necessary documentation that will serve as evidentiary material in the proceedings, the injured party must file a lawsuit with the competent court against the harming party - the defendant. The question arises, which court is competent for dealing with non-material damage compensation cases? The answer is not simple because it depends on several circumstances that should be studied in detail and the relevant legal provisions should be consulted in order to arrive at an answer to the question in question.
Also, in certain situations, the question may arise not only to which court to file a lawsuit, but also against which defendant to file a lawsuit? Let's go back to the example of a stray dog - who is responsible for the damage such a dog causes?? Is it some institution that is responsible for taking care of such dogs or is it the responsibility of the municipality or city itself?
The answer to the question is again not unique and depends on several circumstances, but what is certain is the fact that there are legal regulations that regulate that area, and based on the study of them by a qualified person, the answer to that question can easily be found.
After the filing of the lawsuit itself, a court proceeding is conducted in which all the evidence is considered, and after the discussion on the same, a court verdict is issued by which the court decides whether there is a basis for compensation, as well as the scope of the compensation.
WHAT IS THE AMOUNT OF DAMAGE COMPENSATION?
A particularly interesting issue in the scope of compensation for non-material damage is the amount of the compensation. We are talking about a situation in which some non-property property is damaged - for example, in a specific situation, a stray dog bite on the street can cause damage in the form of suffered physical pain and fear. How can the fear suffered, as well as the physical pain, be expressed monetarily?
The law does not give a concrete answer to that question, but it provides that the court, if it finds that the circumstances of the case, especially the intensity of pain and fear and their duration, justifies it, will if it finds that the circumstances of the case, especially the intensity of pain and fear and their duration, justifies it, will award fair monetary compensation.. So, again, there is no mathematically correct and definitive answer to this question, but from legal practice it can be concluded that courts are guided by evidentiary material, as well as already existing judgments in the same or similar situations, in order to reach a just satisfaction.
What will particularly affect the court's decision is the intensity and duration of the non-material damage suffered, and the court learns these circumstances from the evidentiary material in the proceedings, and above all from the medical documentation, where medical specialists, as well as court experts of the appropriate profession, give their findings and opinion on the impact of the harmful event on the injured person based on their professional knowledge.
It should be noted here that the court, when ruling in such a case, is not legally bound by an already existing judgment of another court in the same matter, so it may happen that in several apparently same situations, after trial before different courts, it may assess differently how much monetary compensation will be fair in the specific case.
Finally, it should be pointed out that life situations that cause non-material damage, such as a dog bite, are the source of various negative feelings such as fear or physical pain, which should in no way discourage the injured person from exercising his legally stipulated rights to compensation for damages.
The whole procedure of compensation for damage, from the very collection of the necessary documentation for the purpose of proof, through the filing of a lawsuit, the implementation of court proceedings, and the adoption of the court decision itself, can at first thought potentially represent a form of "extension" of the already existing inconvenience and inconvenience caused by the whole situation, but this is by no means the case in practice.
With adequate professional assistance lawyer for damages, the whole procedure is very simple and frequent in practice, and in the event that an event occurs that may represent a case of non-material damage, it is best to consult with the chosen lawyer about the matter in question.
FAQ
1. What is the first thing to do after a dog bite?
First of all, the most important thing is to go to the doctor for an examination and make medical documentation, and then report the incident to the police.
2. What is the difference between judicial and extrajudicial proceedings?
Court proceedings sometimes take longer than out-of-court proceedings, on the one hand, but on the other hand, in court proceedings relatively often there is a higher amount of damages.
3. What costs are incurred in these procedures?
The costs of court proceedings consist of attorney's fees, as well as expert fees and court fees, which are borne by the losing party. In the case of out-of-court proceedings, there is only the cost of a lawyer, but not court fees and expertise.
