Kahjunõuded

Kahjunõuded are civil-law claims for compensation for damage caused to a person or property by another party. They aim to restore the injured party to the position they would have been in if the damaging event had not occurred, within the limits set by law.

Kahjunõuded cover both material and non-material damages. Material damages include direct financial losses, property damage, medical expenses, and other quantifiable costs. Non-material damages cover harms such as pain and suffering, loss of health, or impairment of professional capacity. In practice, the compensable amount is determined by the extent of the actual damage and, where applicable, the lasting impact on the claimant’s life and earnings.

The primary legal framework in Estonia for kahjunõuded is the Law of Obligations Act (Võlaõigusseadus). Liability is generally fault-based, meaning the claimant must show that the defendant acted with fault or breach of contractual obligations and that there is a causal link between the act and the damage. Some situations may involve strict liability or liability for breach of specific duties, regardless of fault. The law also addresses situations of joint liability, contributory fault, and defenses such as force majeure and other legally recognized grounds to limit or bar liability.

To establish a claim, the claimant must prove damage, the defendant’s fault or breach, and causation. Nõuded are subject to prescription under applicable time limits, which vary by case type and circumstance; the claim must be filed within the statutory period. Procedures typically proceed through civil court actions, though settlements and mediation are common in resolving kahjunõuded.