skadeersättningen

Skadeersättning is compensation for damages paid to a person or entity that has suffered harm caused by another party. In Swedish law, skadeersättning aims to restore the injured party to the position they were in before the damage, as far as possible.

Legal basis and scope: The primary statutory framework is the Skadeståndslagen (the Tort Liability Act). It covers damages caused by negligent or intentional acts and, in many cases, damages arising from contractual obligations, including personal injury, property damage, and financial losses resulting from the harm.

Types of damages: Pecuniary or economic damages include medical expenses, rehabilitation costs, disability-related costs, lost income, reduced earning capacity, and repair or replacement of damaged property. Non-pecuniary damages cover pain and suffering, distress, and, in some cases, loss of quality of life or companionship.

Claim process: A skadeersättning claim requires proof of fault, causation, and damage. Claims are often settled through negotiations with the at-fault party or their insurer, but may be decided by a court if no agreement is reached. Some injury cases may fall under specific insurance schemes or public compensation arrangements.

Assessment and limitations: The amount is based on the evidence of actual losses and applicable legal rules. If fault is partly shared, damages may be reduced in proportion to each party's degree of fault. There are also prescription periods and other statutory or contractual limits that affect whether a claim can be brought or rewarded.