Damage Claims

An action for damages is brought when one person suffers patrimonial (monetary) or non-patrimonial loss, through the unlawful conduct of another. This legal remedy is available, as an attempt to restore, in financial terms, the position of the person wronged, before the injurious conduct.

may be occasioned in the case of damage to motor vehicles during road accidents, actual loss of profits/earnings, loss of earning capacity, as a result of a permanent or temporary disability, amongst others. These types of damages claims are easily ascertainable by way of calculation of actual financial loss suffered.

may be occasioned by the violation of another’s physical or mental integrity, his reputation, dignity, feelings, or privacy. For example one can sue for damages in respect of medical negligence, where negligent medical procedures were applied on his/her person, resulting in an injury/disability or even loss of life; invasion of privacy, pain and suffering, unlawful detention/arrest, malicious prosecution, amongst others.