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.
Establishment of the reduction of life activities
Establishment, which injuries the person sustaining loss sustained and which are lasting consequences of the sustained injuries in other words whether and how they are manifested in the reduction of life activities of the person sustaining loss is the condition for making a decision on compensation for non-material damage for mental anguish suffered due to reduction of life activities.
These life activities are: movement, the performance of daily activities related to nutrition, sports, reading, performing chores, so these are the actions in meeting the ordinary, regular, everyday needs and interests.
Such actions a person in which there is a reduction of their life activities performe with intensified efforts, which are larger or smaller, and it depends on the severity of the consequences which the injury left. This causes mental pain and therefore the monetary satisfaction to the injured party is awarded.
If the injured party does not feel emotional pain (damaged or destroyed brain pain center or unconscious), then according to the provisions of Article 200, Paragraph 1 of the Law of Contract and Torts the injured party shall not be entitled to compensation for this type of non-material damage, because it will not achieve the objective of indemnity.
The reduction of life activities is usually expressed in percentage, but more importantly than that is to describe wherein it is reflecting.
Amount of indemnity for damage
Non-material damages for mental anguish suffered due to reduction of general life activities shall be awarded after the end of medical treatment of the person sustaining loss and for the consequences that affect their normal life and work that lasts a long time or permanently.
As a rule it shall be paid in one-time payment (lump sum) for the damage which the person sustaining loss suffered or suffer, as well as for the damage that he will suffer in the future (future non-material damage under Article 203 of the Law of Contract and Torts). It may be awarded in the form of an annuity, while there exist the legal requirements in other words if according to the circumstances of the given case this form of compensation represents appropriate satisfaction.
When deciding on the basis and amount of indemnity for mental anguish suffered due to reduction of life activities, primarily the court will appreciate the strength and duration of the pain. In this assessment will be used forensic expert opinion on the percentage of physical and health damage of the injured person.
The task of the expert is to describe wherein constitutes reduction of life activities (which limits the person sustaining loss suffers, as in ordinary life, as well as at work), which life activities the person sustaining loss in general may not realize, and which may realize only with increased efforts in relation to the previous life, etc.
The Court appreciates the size of suffering, discomfort, effort, importance of injury (degree of disability), occupation, age, sex, family status of the injured party and in general all his suffering, as well as other circumstances of the case in accordance with Article 200 Paragraph 2 of the Law of Contract and Torts.
Reduction of life activities vs reduction of work ability
Compensation for mental anguish suffered due to reduction of life activities must be distinguished from compensation for loss of earnings due to total or partial incapacity for work (reduction of work ability). Purposes (goals) for which shall be awarded are completely different, despite the fact that both compensations are ancillary consequences caused by physical injury or disease of the person sustaining loss.
Compensation for loss of earnings due to reduction of work ability is material damage, and compensation for mental anguish suffered due to reduction of life activities is non-material damage.
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