How the court assesses fair compensation for non-pecuniary damage<\/p>\n
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Article 52 of the Bulgarian Obligations and Contracts Act allows the court to assess the monetary sum to be awarded to an injured person for non-pecuniary damage in the form of pain and suffering. The court ordinarily arrives at this figure by applying objective criteria to the facts established in the proceedings. These include the nature of the harm, such as a fracture, bruising, concussion, fear or a psychological disorder; its duration and intensity; and the injured person\u2019s individual circumstances and age. The court considers how the event affected not only the person\u2019s physical and mental health but also their way of life, their ability to perform their duties at work and their ability to work at all.<\/p>\n
In judicial practice the amount is assessed as at the date the harm was caused, taking account of the economic and social conditions prevailing then. The award should not result in unjust enrichment or an unfair transfer of wealth between the parties. Fairness requires similar cases to be treated similarly, while the particular circumstances, facts and evidence of each case are assessed separately.<\/p>\n
Compensation for non-pecuniary harm may also be sought under the State and Municipalities Liability for Damage Act. That Act applies in specified cases. Where a claim concerns the serving of a sentence, the criteria described above are considered alongside the conditions in the place of detention, the prison regime, the treatment by prison staff, any conduct incompatible with human rights or other rights not restricted by the sentence, and any steps taken by the prison authorities to prevent such treatment, among other matters.<\/p>\n
If you have experienced non-pecuniary harm, including pain, suffering, distress or discomfort, consider seeking a lawyer\u2019s help. The rules of court procedure and the knowledge and skills needed to protect your interests effectively can be important to your case.
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