kahjutaotlus

Kahjutaotlus is an Estonian legal term that translates to "claim for damages" or "claim for compensation for harm." It refers to the formal process by which an injured party seeks monetary or other forms of redress from another party who is deemed responsible for causing them harm. This harm can be physical, emotional, or financial.

The process of filing a kahjutaotlus typically involves demonstrating that a wrongful act or omission occurred, that this act directly caused the injury, and that the injured party suffered quantifiable losses as a result. These losses can include medical expenses, lost income, pain and suffering, and property damage. The claim is usually submitted to the party believed to be at fault, often through a legal representative.

If a resolution cannot be reached through negotiation or out-of-court settlement, a kahjutaotlus may escalate to legal proceedings. In court, the injured party, known as the claimant, must prove their case by presenting evidence and legal arguments. The party against whom the claim is made is the defendant, who will have the opportunity to defend themselves. The outcome of a kahjutaotlus, whether settled or decided by a court, aims to restore the injured party to the position they would have been in had the harm not occurred, to the extent possible through compensation.