Compensation for damages is one of the most important legal tools that protect the rights of people who have suffered losses or injuries. In North Macedonia, this right is regulated by the Law on Obligations and other relevant legal acts. Compensation not only provides financial restitution but also reinforces the importance of justice and legal protection in society.
What is compensation for damages?
Compensation for damages is the payment or action that a person receives from the one who caused the damage. The law in North Macedonia distinguishes two main types:
- Material (economic) damage: covers property destruction, lost income, or financial expenses caused by the event.
- Non-material (non-economic) damage: refers to emotional suffering, physical pain, damage to reputation, or experienced fear.
Legal framework for damage compensation
The right to compensation is primarily regulated by the Law on Obligations (ZOO). Under this law, any person who causes harm is obliged to compensate for it, unless they can prove the damage wasn’t their fault.
Key principles include:
- Causal link: there must be a direct connection between the act and the resulting damage.
- Fair financial compensation: applies especially to non-material damages, such as emotional distress or reputational harm.
Types of compensation for non-material damage
Compensation for non-material damage may include:
- Physical pain: compensation for injuries causing physical suffering or permanent consequences.
- Reduced life activity: when the victim can no longer perform daily tasks or hobbies.
- Disfigurement: physical changes that affect self-esteem and social interactions.
- Fear: intense fear that leads to lasting psychological effects.
- Mental suffering due to the death of a loved one: applies to loss of parents, children, or spouses.
How to claim compensation for damages
The process includes several steps:
- Filing a claim – The injured party should first contact the person or institution responsible for the damage.
- Gathering evidence – Collect medical reports, photos, witness statements, or other proof.
- Negotiation – Often, parties will try to reach a settlement before going to court.
- Lawsuit – If no settlement is reached, a lawsuit can be filed in court.
Deadlines for filing a damage claim
Time limits are crucial. According to the Law on Obligations:
- The general deadline is 3 years from the date the injured person became aware of the damage and the responsible party.
- The maximum deadline is 5 years from the date the damage occurred, unless otherwise stated by law.
Moral satisfaction (non-financial compensation)
Apart from monetary damages, courts may also order other actions to ensure justice, such as:
- Publishing a public apology or correction.
- Removing offensive published content.
The role of lawyers in damage compensation cases
A lawyer plays a key role in ensuring fairness. Legal professionals help by:
- Collecting and presenting strong evidence.
- Explaining your rights and options.
- Representing you in negotiations or in court.
Hiring a lawyer almost always increases the likelihood of receiving higher compensation.
Frequently asked questions (FAQ)
How long does the compensation process take?
It depends on the case complexity. Settlements are usually faster, while court cases may take months or years.
Who pays the legal fees?
If you win the case, legal fees and other costs are often covered by the party responsible for the damage.
What if I don't have enough evidence?
Evidence is essential, but your lawyer can help gather documents or find witnesses to support your case.
Closing arguments
Compensation for damages is a powerful legal tool that protects the rights of citizens and ensures justice. With a clear understanding of the law and the legal process, injured individuals can pursue their rights and obtain the compensation they deserve.
If you have suffered damage, don’t wait – speak to a lawyer in North Macedonia to find out how to claim your compensation