Fair compensation for all non-pecuniary harm, as required by Article 52 of the Obligations and Contracts Act, means that the competent court must determine a precise monetary equivalent for the injured person\u2019s pain and suffering and for lasting harm to their physical integrity and health. It must assess the particular case rather than rely on general criteria. The sum awarded should compensate for the harm as fully as possible.<\/p>\n
Fairness is not an abstract concept. It depends on the court\u2019s assessment, on the merits, of specific facts. In a bodily injury case these may include the nature of the injury, how and under what circumstances it was inflicted, any subsequent deterioration in health, emotional suffering, maiming and disfigurement. This is the binding interpretation adopted by the Plenum of the Bulgarian Supreme Court in Resolution No. 4 of 1968.<\/p>\n
Non-pecuniary harm must be assessed individually; the monetary award should correspond to what is needed to overcome its effects. An award exceeding what is necessary to compensate the harm actually suffered is inconsistent with fairness. All arguments and circumstances raised must be considered. In setting the amount due, the court must also take account of society\u2019s understanding of fairness in the prevailing social and economic conditions.<\/p>\n
This article is not a legal opinion or advice about a particular situation or person. For assistance in a specific case, consult a lawyer practising tort law.<\/em><\/p>\n If you need advice about a road traffic accident, an accident at work or a similar matter, you can contact a lawyer in Varna.<\/a><\/em>
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