Wolfenson Lawyers provides its clients with the legal tools to demand compensation for damages.
When talking about compensation for damages, we must always bear in mind the existence of liability. This responsibility is classified as contractual or non-contractual depending on whether the damage has been caused by the breach of a contract or if it comes from the execution of a malicious or intentional wrongful act.
Both types of liability share a common objective consisting of giving rise to a civil action for compensation of damages in order to make financial reparation for the damages that have been suffered by the action or omission of a third party.
Wolfenson advocates for compensation for damages her clients deserve.
Here is a legal guide to provide you with guidance on damages:
What is compensation for damages and when is it applicable?
Injury Compensation or compensation for damages corresponds to the action that may be brought, either by the contractual creditor or by the victim of a damage , to demand from the debtor or the cause to repair in his estate those damages that he should have suffered. To obtain such compensation you should always have the professional advice of a Wolfenson attorney.
What is compensation for contractual and non-contractual liability damages?
Compensation for damages in contractual matters (the one that comes when there is a contract) can be defined as the right of the creditor to demand from the debtor the payment of an amount of money equivalent to the damage he has suffered as a result of his contractual breach . This right is based on the fact that no one can be injured in his patrimony by an act of another without the right to demand reparation , as well as by the fact that he who contravenes an obligation receives a sanction established by Law.
For its part, compensation for damages for non-contractual liability arises from those damages that are not related to any previous contract between the parties, for example damages caused by a traffic accident or physical injuries caused by an assault or crime.
Wolfenson Abogados represents its clients in the appropriate filing of civil actions for liability and compensation for damages , whether arising from contractual or non-contractual liability.
What kinds of compensation are there?
In general, the law distinguishes between compensation for direct or consequential damages , lost profits and moral damage.
The emergent damage , refers to that damage produced directly by the breach of contract or the wrongful act of a person. For example, in case of damage to a property , it would correspond to the cost of repairing that damage.
Loss of profit refers to that damage produced in the workplace of the affected person. That is, derived from temporary or permanent impossibility to work . For example, compensation for loss of earnings in respect of a doctor who has been unable to work for a month due to the responsibility of another person or company , would correspond to the income that doctor stopped receiving during that month.
Finally, the moral damage corresponds to the psychological and emotional damage that the damage has caused in the affected person. Due to the abstraction of said damage, it must always be reliably proven during the trial.
What are the contractual liability requirements?
The following requirements must be met:
1. That there is an infraction of the obligation.
2. That the breach of the obligation is attributable to the debtor.
3. That the debtor is in default.
4. That the breach of the obligation causes damage to the creditor.
What are the tort requirements?
The following requirements must be met:
1. Existence of damage.
2. That the damage attributable to the fault or fraud of the counterparty
3. Causal relationship between intent, fault and damage
Wolfenson Abogados provides its clients with rigorous advice on damages and civil liability claims.
Links of interest on Civil Liability in Chile :
1.- Civil Code
2.- Civil Liability Regimes in Chile
If you need more information and legal advice regarding damages, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.