Compensation Claims
The following are some of the most common compensation matters handled by our firm.
Compensation based on contract and non-contractual liability (tort):
- Medical malpractice — any action or omission by a doctor that has caused injury and/or death of a patient may become the subject of court proceedings. Such proceedings are particularly difficult because the unlawful conduct must be proved in court. Experts with the appropriate specialist knowledge must be engaged.
- Delay by an electricity distribution company in connecting consumers and/or electricity producers. Damage and loss of profit caused by bad-faith conduct of licensees in the energy sector may be claimed in court. There is substantial case law from proceedings against electricity distribution companies.
- A court claim against a tenant who does not vacate the property after termination of the lease. There are many cases in which the owner has been awarded compensation for the period during which the owner could not possess the property because of the former tenant’s unlawful conduct.
- Claims against other owners in a condominium. Some neighbours refuse to contribute to the maintenance of the common parts or the repair of the building’s roof. Residents on the top floor may be forced to pay for repairs themselves because other owners claim that the repair does not concern them. The staircase, roof and façade are common parts, and all owners are responsible for their repair and maintenance. Bulgarian courts have issued numerous decisions on this subject.
- Attack by an unattended domestic dog — under the Obligations and Contracts Act, compensation is due for all damage caused by an animal, including where it has escaped or become lost. Such a matter may be resolved by agreement between the injured person and the animal’s owner or by bringing a compensation claim before the court.
- Compensation for damage to a vehicle caused by a pothole in the road.
- Compensation for an unsecured manhole into which a pedestrian fell and sustained injury.
- Non-contractual liability under the State and Municipalities Liability for Damage Act. The State’s liability is direct: the injured person must be compensated by the institution to which the authority or official belongs. Compensation for damage caused by unlawful actions or acts may be claimed after they have been set aside under the applicable legal procedure. The most common situations involving State liability include:
— detention in custody where it is subsequently revoked because there was no legal ground;
— compulsory placement or treatment ordered by a court and subsequently revoked because there was no legal ground;
— enforcement of a penalty beyond the period or amount imposed;
— any other unlawful actions of the State or a State authority.
The injured person or the heirs may be a party to the proceedings. Non-pecuniary damage may be claimed by heirs only if the injured person had already brought the claim before the court.
Interpretative Decision in Case No. 2/2016 of the Supreme Administrative Court answered an important question: after a penal decree has been set aside, may the affected person claim from the State compensation for the lawyer’s fees paid in the appeal proceedings?
Where penal decrees are set aside, the lawyer’s fees paid for the appeal are recoverable from the State. This concerns cases in which a penal decree imposing a fine or another administrative sanction by a State authority is revoked. Any individual or legal entity may seek compensation under the State and Municipalities Liability for Damage Act for lawyer’s fees paid in proceedings challenging a penal decree.
For legal advice concerning compensation for pecuniary and non-pecuniary damage, you may contact Tomovi Law Firm.