Attorney Dragana Djordjevic » "monetary indemnity"

Indemnity for damage for mental anguish suffered due to disfigurement

Leave a comment

A disfigurement represent permanent change of the external appearance of a person that shall be manifested in the loss of a limb, indignity of aesthetic appearance, indignity of a body part or the impairment of a bodily function.

Disfigurement as a ground for the payment of non-material damage

Ground for indemnity of non-material damage is the mental pain because of disfigurement, and not only the existence of disfigurement without mental pain.

Whether there is any non-material damage in the form of mental pain due to disfigurement (Article 200 paragraph 1 of the Law of Contracts and Torts) shall be estimated according to objective and subjective criteria. Continue reading Indemnity for damage for mental anguish suffered due to disfigurement →

Indemnity for damage for mental anguish suffered due to reduction of life activities

Leave a comment

Reduction of life activities, as a special ground for compensation for mental anguish, include all restrictions on life activities of the person sustaining loss which he realized or would realize in the future certainly by a regular course of things.

Under the restriction means and performing activities with increased efforts or under special conditions.

This type of damage is usually permanent, but money indemnity may be awarded when the reduction of life activities is temporarily, if it is with higher intensity and longer duration or if it is justified by special circumstances Continue reading Indemnity for damage for mental anguish suffered due to reduction of life activities →

Money indemnity of certain forms of the non-material damage for suffering mental anguish

Leave a comment

Non-material damage shall be charged in case of violation of an individual rights. It can be consisted in a monetary and non-monetary indemnity.

According to the provisions of Article 200 of the Law of contract and torts money indemnity for non-material damage is defined as a ’’equitable money indemnity’’.

Money indemnity for non-material damage is not intended to monetary reparation of something which a person sustaining loss lost (suffered physical and mental pain or fear) but that a person sustaining loss for awarded financial amount can obtain to himself the satisfaction (moral or material), which on the best way allow him to establish the disturbed mental balance. Continue reading Money indemnity of certain forms of the non-material damage for suffering mental anguish →