Erstatningssager

Erstatningssager refers to civil actions brought to obtain monetary compensation for losses caused by the fault or negligence of another person, company, or organization, or by breach of contract or other legal duties. They fall under private law and seek to restore the injured party to the position before the harm, as far as money can do so. The term is used in Denmark and other Nordic countries and covers both tort-based claims (erstatningsansvar) and certain contract-based damages.

Common types: personal injury and health damage, property damage, financial losses from negligence, professional malpractice, product liability, environmental damage, and breaches of contract where the breach results in a compensable loss. Some jurisdictions also allow damages for defamation or loss of reputation.

Legal framework and process: a party files a complaint or claim in the appropriate court, often with specifics of fault, causation, and damages. The burden of proof generally rests on the claimant to establish fault (or strict liability in some areas), causation, and the amount of loss. The case may be settled or go to trial; evidence, experts, and cross-examination are common. Many erstatningssager are resolved through mediation or arbitration.

Remedies and limitations: the primary remedy is monetary compensation for proven damages, sometimes including interest, statutory costs, and coverage by insurance. Limitation periods restrict when a claim can be brought and vary by jurisdiction and case type.