skaðabótum

Skaðabætur refer to compensation awarded to a person who has suffered harm due to another party’s unlawful act, negligence, or breach of contract. The aim is to restore the victim, as far as possible, to the position they would have been in before the damage occurred, by allocating responsibility to the party at fault.

Skaðabætur cover both pecuniary losses, such as medical expenses, rehabilitation costs, lost income, and property damage, and non-pecuniary losses, including pain and suffering, loss of enjoyment of life, or damage to reputation. The exact scope depends on the circumstances, the nature of the fault or breach, and the applicable legal rules governing compensation.

Liability for skaðabætur requires proof of fault or contractual breach, a causal link between the conduct and the harm, and demonstrable losses. The amount is typically determined by courts through civil proceedings or by settlements between the parties. Factors that may influence the assessment include the degree of fault, foreseeability of the harm, and any statutory or contractual limits. Insurance arrangements often play a significant role, with liability or health insurers bearing or contributing to payment in many cases.

Claims for skaðabætur are usually pursued in civil litigation, though pre-litigation settlements and arbitration can also occur. The concept serves to compensate victims, deter harmful conduct, and allocate the costs of harm to those responsible within the legal system.