Specjalizacje
Specjalizacje
Compensations

Compensation

Joanna Jakubowska-Zawada Law Firm represents clients in various types of compensation cases, provides legal assistance in the analysis and conduct of court proceedings in the following cases:

  1. representation before insurance companies and the Financial Ombudsman,
  2. conducting court disputes concerning non-performance or improper performance of the contract,
  3. comprehensive legal services related to judicial, judicial and enforcement proceedings,
  4. compensation for personal injury and property damage,
  5. compensation for an accident at work,
  6. compensation for motor vehicle accidents, in particular from the civil liability and AC of the perpetrator, from NNW insurance,
  7. compensation for sports accidents,
  8. compensation for medical malpractice,
  9. compensation from life insurance and civil liability,
  10. compensation for damage caused by a dangerous product,
  11. compensation for the cancellation of the flight.

In society, the prevailing view is that obtaining compensation is complex, and often the entities obliged to pay it, using selective interpretations in their favour, evade what makes persons and entities injured without legal expertise, defenceless, and it becomes impossible to seek compensation.

On the other hand, there are very frequent abuses where alleged victims seek compensation from individuals and entities on the basis of facts or events which either did not take place or took place independently of the person or entity against whom the claim was brought. In such a situation, without the support of a professional attorney, the defence is likely to fail and involves the risk of incurring significant expenses for which we are not responsible. With the support of Joanna Jakubowska-Zawada, the management of a compensation case can be entrusted to a lawyer who will take care of the proceedings and successfully conclude them. The provisions of the Polish law provide a wide range of possibilities for the injured party to assert their rights and defend themselves against abuse.

Types of benefits

The injured party has the right to apply, on the basis of the provisions of the Civil Code and special regulations, for the liquidation of damage, payment of appropriate compensation, reparation or disability pension. Each of these benefits has its own nature and legal basis, although the common denominator will be the event giving rise to the damage:

  1. compensation – is a one-time, pecuniary benefit, which is used to compensate for material losses incurred, its amount depends on the costs incurred by the Client in connection with the occurrence of damage,
  2. Compensation for non-material damage – it is a one-time benefit, financial and intended to alleviate the physical and mental suffering of the aggrieved party,
  3. supplementary pension – occurs when the victim has lost all or part of their ability to gainful employment or if their needs have increased or their prospects of success for the future have diminished. In practice, it is to compensate the difference in income earned by the victim before the event in relation to income earned after the event,
  4. disability benefit for increased needs – consists in providing the victim with means necessary to improve their state of health after the event, and related to their treatment and rehabilitation, better nutrition, care for them or preparation for a new profession.

Compensation for the traffic accident

Such damages are generally claimed from the perpetrator of the traffic accident. It is beneficial for the injured party to obtain a conviction in advance, since the determination of such a conviction is binding on the court in civil proceedings to determine the occurrence of the damage, its amount and to recover claims for non-material damage or even pension.

In cases where compensation is claimed from the person who caused the traffic accident, a distinction should be made between two cases:

  1. damage suffered by a person as a result of the movement of a motor vehicle most often occurs when a pedestrian is hit by a motor vehicle. Then the perpetrator of the accident is liable for the risk, regardless of whether or not he is to blame for the accident. In proceedings against the perpetrator of an accident, the injured party is obliged to prove the circumstances of the accident, the damage suffered and its amount as well as the causal link between the damage and the accident;
  2. when the damage is a consequence of a collision of two or more motor vehicles, the perpetrator of the accident will be liable for the so-called fault principle – which means that the injured party should prove the damage, the causal link and the behaviour of the perpetrator of the accident was at fault.

Compensation for accidents at work

An accident at work is a sudden event caused by an external cause causing an injury or death occurring in connection with work:

  • during or in connection with the employee’s normal activities or instructions from his/her superiors,
  • during or in connection with the performance by the employee of an activity for the employer, even without instructions,
  • while the employee is at the employer’s disposal between the employer’s registered office and the place of performance of the obligation arising from the employment relationship.

Employees who have suffered an accident at work are entitled to benefits specified in the Act of 30 October 2002 on Social Insurance against Accidents at Work and Occupational Diseases. These benefits are due from the Social Insurance Institution (ZUS), however, employees also have the right to pursue supplementary claims under the Civil Code, i.e. compensation for material damage, compensation for non-material damage and disability pension.

The employer is liable for damage caused to an employee if the employee proves the damage, the causal link between the damage and the event constituting the accident at work and, in principle, the fault of the employer. In the case of accidents at work, the employer’s culpable action or omission is usually a breach of health and safety regulations. In certain cases, the employer’s liability may also be based on the principle of risk.

Compensation for dangerous products

According to the definition of legal product, a dangerous product is a product that does not provide the safety that can be expected from normal use. A product in this sense is a movable item as well as animals and electricity. The safety of a product is determined by the circumstances at the time it is placed on the market, in particular the way it is presented on the market and the information given to the consumer about its characteristics. The danger of a product may result from its natural properties, such as, but not limited to, explosives, weapons, toxic materials or its inadequate quality, due to defects in design, manufacture or instruction, including inadequate presentation, advertising or instructions for use and maintenance.

The most common dangerous product is an incorrectly labelled product. The producer is obliged to provide full and reliable information in Polish on the label on the instruction manual. If there is a certain risk involved in using the product, the consumer must be informed of that risk.

If an accident occurs as a result of a lack of information or incorrect information, the fault for the accident shall lie with the manufacturer. Adequate compensation can then be claimed from the manufacturer. Liability for damage caused by a dangerous product is based on the principle of risk. It is therefore not necessary to attribute blame to the producer, importer or seller.