Erstatningsloven

Erstatningsloven, officially known as *Lov om erstatning for personskade* (Act on Compensation for Personal Injury), is a Norwegian legal framework governing compensation for physical or psychological harm caused by another party’s negligence or intentional wrongdoing. Enacted to ensure victims receive fair redress, the law applies to accidents, medical malpractice, product defects, and other civil wrongs, excluding criminal acts (which fall under criminal law). The primary goal is to restore victims to their pre-injury condition, covering medical expenses, lost income, pain and suffering, and other related damages.

The law establishes a no-fault system for certain cases, such as traffic accidents, where compensation is granted regardless of who bears legal responsibility. However, for other incidents, victims must prove the defendant’s liability through negligence or fault. Insurance companies, particularly the *Statens trafikkgodtgjørelsesfond* (State Traffic Compensation Fund), play a key role in processing claims, especially in motor vehicle accidents. Private liability insurance also often covers personal injury claims under this framework.

Procedural aspects are handled through the *Erstatningsnemnda* (Compensation Board), a specialized administrative body that evaluates claims and determines compensation amounts. Appeals can be made to the civil courts if either party disputes the decision. The law also includes provisions for legal aid to ensure access to justice for victims, particularly those with limited financial means.

Erstatningsloven reflects Norway’s commitment to victim-centered justice, balancing fairness with administrative efficiency. It aligns with broader European trends in personal injury compensation but maintains distinct procedural and financial mechanisms tailored to Norwegian legal culture.