Methodology on Compensation of Non-proprietary Personal Injury (Pain and Aggravated Social Position in accordance with Section 2958 of Civil Code)
Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “CC”) determines that in the event of detriment to natural rights of a human in accordance with provision of Section 2956, the wrongdoer shall compensate for the damage and the non-proprietary damage resulting from it; as a part of the non-proprietary damage the wrongdoer will redress the inflicted mental anguish. The legal frame is given by a single provision (Section 2958 CC) dealing with compensation for health effects of non-proprietary nature. In accordance with the provision saying that “in the event of bodily harm, the wrongdoer shall redress the anguish inflicted upon the injured by monetary compensation, fully counterbalancing the pain suffered and other non-proprietary damage; should an obstacle to the injured person’s better future occur as a result of the bodily harm, the wrongdoer shall compensate for aggravation of the injured person’s social position. If amount of the damages may not be determined in this way, it will be determined on the principles of equity.” At the same time (clauses 237 and 238 of the final provisions of Section 3080 CC), the Decree No. 440/2001 Coll., on compensation for pain and aggravation of social position (hereinafter referred to as the “Decree”) was cancelled. It was justified by the fact that after 1 January 2014 judicial practice should be absolved of any influence of the executive power that has, through rules contained in the Decree, limited the courts from possibility to adjudicate fair and sufficient damages, namely due to serious health effects of permanent nature.
Preamble of Methodology