Kahjuhüvitisele

Kahjuhüvitisele refers to compensation or damages awarded to an injured party in Estonian law. This compensation aims to cover losses and suffering caused by another party's wrongful act or omission. The concept is rooted in civil liability, where a person or entity is held responsible for harm they have inflicted.

There are generally two main categories of kahjuhüvitisele: material damages and non-material damages. Material damages, also known as property damage or economic loss, are quantifiable financial losses. This can include expenses for medical treatment, repair costs for damaged property, lost income due to injury, and other demonstrable financial setbacks. The goal is to restore the injured party to the financial position they were in before the harm occurred, as far as money can achieve this.

Non-material damages, often referred to as moral damages or pain and suffering, compensate for non-economic harm. This includes physical pain, emotional distress, mental anguish, loss of enjoyment of life, and damage to reputation. Quantifying non-material damages is more subjective and often determined by the court based on the severity of the suffering and other relevant factors.

To claim kahjuhüvitisele, the injured party typically needs to prove that a wrongful act or omission occurred, that this act directly caused the damage, and that the damage suffered is of a nature that warrants compensation under Estonian law. The burden of proof generally lies with the claimant. The specific rules and principles governing kahjuhüvitisele are detailed in the Estonian Law of Obligations Act.