Methodology on Compensation of Non-proprietary Personal Injury (Pain and Aggravated Social Position in Accordance with Section 2958 of Civil Code)
Section 2958 of the Act No. 89/2012 Coll., Civil Code, states 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.”A fair and reasonable interpretation of such a regulation, which lacks any detailed criteria for determining the amount of compensation, requires a more detailed specification and setting of the basic premises so that judicial practice can arrive at mutually compatible and at the same time predictable decisions.
For this purpose, a Methodology for the Compensation of Non-Pecuniary Injury pursuant to Section 2958 of the Civil Code was created and subsequently recognised by the Civil and Commercial Division of the Supreme Court on 12 March 2014. Although the Methodology is not binding, it constitutes an aid to fulfilling the principle of decency within the meaning of Section 2958 of the Civil Code.
Preamble of Methodology