Can I claim for distress and inconvenience?

Claim for occupational psychological injury

But, in which cases can compensation for moral damages be claimed? The answer to this question is that compensation can be claimed, as long as the damage actually occurred, and it can be proven in the judicial process.

In Colombia, the law does not define an exclusive test to prove these damages. In this regard, the Court has considered: “Hence, moral damages are not susceptible of demonstration through scientific, technical or direct evidence, because its original and purely spiritual essence prevents its ascertainment by means of instrumental knowledge”[2]. This means that for the Court, a medical opinion cannot prove the amount or intensity of the moral damage. In this judgment, the Court considered the moral damages to be proven, based on testimonies that accredited the closeness of the plaintiffs to the deceased.

Moral damages can also be accredited, as already mentioned, through testimonies, that is, statements of third parties who have observed the suffering and pain of the victim or the closeness of the claimants with the direct victim or the deceased. It goes without saying that it is not enough to prove the pain or suffering, but also that it was derived from the defendant’s act.

How can moral damages be quantified?

Thus, with regard to the quantification of the compensation for moral damages under Article 7.159 of the Civil Code, it is noted that the amount of compensation for moral damages must be determined by the judge, taking into account: i) the damage caused; ii) the degree of liability; iii) the economic situation of the responsible party and …

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What is a claim for moral damages?

“Moral damage is understood as the affectation that a person suffers in his/her feelings, affections, beliefs, decorum, honor, reputation, private life, configuration and physical appearance, or in the consideration that others have of him/herself.

What is a claim for damages?

What is a claim for damages? It is a legal action, which empowers the party who considers himself affected, to claim before the justice a compensation in money, which is equivalent to the material or moral damages and the damages suffered on occasion and as a consequence of the human action or omission.

Claim for family psychological injury

In what case is a cervical sprain compensated according to the Schedule? In view of the above, and the obstacles that the current Schedule places on compensation, it is important to know when we are entitled to receive compensation for whiplash or other whiplash injuries.

Medical protocol to obtain compensation for cervical sprainWith the current Schedule, it is possible to continue receiving compensation for cervical sprain, however, as we have seen, it is important to follow a proper medical protocol.

When is compensation for damages sought?

The indemnity for damages is a form of compensation for the damage caused to one of the parties for the breach of an obligation, and therefore constitutes a personal action that prescribes after 10 years.

What are the elements of moral damages?

“Moral damage is understood as the affectation that a person suffers in his feelings, affections, beliefs, decorum, honor, reputation, private life, physical configuration and appearance, or in the consideration that others have of him.

What is the article of damages?

Damages. The breach of an obligation to give, to do or not to do, in addition to the return of a good or its price, or the difference between both, as the case may be, will include the repair of damages and compensation for damages.

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A person can be sued for psychological injuries.

To file a claim for work-related stress injuries, you must show that the stress you suffered on the job was greater than the stress of everyday life. Some people are more sensitive to stress than others, and an injured worker usually has to prove that the job would be extraordinarily stressful for any worker, not just themselves.

To win a workers’ compensation claim because of your stress at work, you must show a record of medical treatment. If you haven’t seen a doctor for your stress-related injuries, you probably can’t prove your case. If you have physical injuries caused by job stress, it is necessary to see a doctor and/or a psychologist for treatment before filing a claim.

Although workers’ compensation claims caused by stress at work can be difficult to win, they are not impossible, you just need to have an experienced workers’ compensation attorney who knows the law and knows what needs to be done.

How much is the fine for damages?

In this case the crime is punishable by imprisonment of five to ten years and a fine ranging from one hundred to five thousand pesos (in addition to the financial reparation of the damage).

What are the elements of damage?

Thus, the characteristics of the damage are: i) that it is certain, present or future; ii) determined or determinable and abnormal; and iii) that it is a legally protected situation, i.e., that it is not an illegitimate legal situation or contrary to the law and the Constitution.

What is the meaning of impairment?

Damage is a harm that can be caused by a person or thing to something or someone. It is usually moral or material damages that occur when we refer to this concept. Injury is the damage that a person or something may suffer due to a specific action or situation.

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Claim for damages

The maximum waiting lists in Asturias have recently been set, reaching a maximum of 60 days for mammograms, MRI scans, CAT scans and colonoscopies, and 180 days in cases of cardiac and gynecological surgeries, prosthesis implants, or cataracts.

In order to do so, it must be demonstrated that these new ailments or sequelae are the result of the delay of the medical procedure and that, had it been performed earlier, they could have been avoided or reduced.

As in other medical malpractice claims, it is a matter of determining the causal nexus, i.e., the relationship between cause (delay in the waiting list) and effect (sequelae or other derived illnesses).

Another option available to patients, faced with the anguish caused by excessive waiting list delays, is to go to the private healthcare system and subsequently request reimbursement of the expenses incurred for the damages suffered as a result of the deficient functioning of the healthcare administration.