Damages

Traffic accidents and medical errors.

The Law Officeoffers services related to claiming various damages, such as: compensation for damages resulting from bodily injuries and disorder of health, compensation for medical errors, remedy of damages, compensation for property damage. We also offer services related to claiming damages for non-contract use of real property alloted for electric poles, interconnection power lines and other infrastructure.

We know from experience that when one seeks damages on their own behalf from the insurers tends to be ineffective as insurance companies very often lower granted compensation. The fact that a person is represented by the law office may in itself be enough to cause an increase in the granted compensation.

A medical error is such a course of action of a doctor, dentist, nurse, midwife or other health care provider that causes an infection of a patient with biological pathogenic factor, bodily injuries, disorder of health or their death being the result of actions inconsistent with current medical knowledge:

• diagnosis, if it caused improper treatment or delayed proper treatment, this contributing to the development of the disease;
• treatment, including surgery;
• giving drugs or medical devices.

During the court proceedings it is necessary to demonstrate that the given hospital or doctor is to blame for the action which caused harm to a patient. Most often this fault would consist in failing to make enough effort or negligence. The legal basis for compensation proceedings could be also lack of patient's consent to the procedure or failing to inform the patient about the treatment's risks, possible complication or alternative treatment methods.
Damages to person may also be caused by beauty parlors, solaria (e.g. skin burns), spas, etc.

In case of a damage to person one can seek:

• damages stricto sensu, meaning damages that may serve as a way of compensation for material losses (treatment and rehabilitation costs, costs of care, etc.). Thus, total amount of compensation is dependent on the amount of the incurred costs and the possibility substantiating (documenting) them in court. 
• relief which is a compensation for moral losses, such as physical and mental sufferings related to the bodily injuries or disorder of health, potential necessity to change lifestyle, deterioration of life perspectives. It is also possible for close family to claim compensation for harm sustained as a result of the death of a loved one.
• annuity, when a result of this harm is total or partial incapacity to work, an increase in needs or worsening prospects for the future.

Before filing a claim one has to gather all evidence that is to be used during the proceedings. If an accident or medical error causes bodily injury or disorder of health, people interested in filing a claim are asked to obtain from a medical facility complete medical record, certified to be a true copy. It is also necessary to gather documents certifying all incurred expenses, e.g. invoices and bills for purchased medicines (including dressings, supports, etc.), paid medical appointments and rehabilitations, rehabilitation costs, costs of transport to the hospital (e.g. each visit to hospital can be certified by medical facility's note), costs of a recruitment or third party caregiver, costs of adjusting house or car to a disabled person, as well as costs of increased dietary needs (e.g. special diet), etc.