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Tort-Based Compensation

Is there a cap on moral damages in Georgia?

There is no statutory cap, but Georgian courts are generally conservative. Awards typically range from a few hundred to a few thousand Lari, rarely reaching huge sums seen in the US.

Can I sue a minor for damages?

A minor under 14 is generally not liable; their parents or guardians are responsible. Minors over 14 may be liable if they have assets, otherwise parents may share liability.

What if the damage was accidental?

If it was purely accidental (no negligence or intent), there may be no liability, unless it involves a "source of increased danger" (like a car), where strict liability applies.

How do I prove the value of damaged property?

You usually need an independent valuation report from an expert (e.g., Levan Samkharauli Bureau) to prove the market value of the repair or replacement.

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Tort-Based Compensation: Damages Without a Contract

In life, damage is often caused not by a partner breaching a contract, but by the unlawful action of a complete stranger. This could be a car accident, a neighbor flooding your apartment, injury to health, or defamation. In law, this is called a "tort" (delict). Tort-Based Compensation is a mechanism that obliges the wrongdoer to compensate the victim for material and non-material (moral) damage, even though no prior agreement existed between them.

Tort disputes are often more complex than contractual ones because the victim must prove four main elements: unlawful action, damage, a causal link between the action and the damage, and the wrongdoer's fault (intent or negligence). Legal.ge offers access to lawyers specializing in civil liability issues who will help you obtain fair compensation.

What Does Tort Compensation Service Cover?

Specialists on Legal.ge offer full legal support on the following issues:

  • Material Damage Assessment: Calculating costs related to property damage (e.g., wrecked car, damaged house) or health injury (treatment, medication).
  • Moral Damage Claim: Compensation for pain, stress, and suffering (e.g., in cases of bodily injury or defamation).
  • Lost Income: Reimbursing salary or business income lost due to incapacity to work.
  • Evidence Collection: Obtaining police reports, medical expert conclusions, video footage, and witness testimonies.
  • Negotiation with Insurance Companies: If the damage is insured (e.g., in a car accident), the lawyer ensures the insurer fully covers the loss.
  • Litigation: Filing a lawsuit and demanding damages through civil proceedings.

Common Scenarios and Real-World Examples

Tort liability arises in many situations:

  • Car Accidents: A driver hits your car or a pedestrian. The culprit is obliged to cover both car repair and medical treatment costs.
  • Neighbor's Negligence: An upstairs neighbor leaves a tap open and floods your newly renovated apartment. The neighbor is liable for repair costs.
  • Medical Malpractice: A doctor's negligence worsens a patient's condition. This is a tort involving compensation for treatment costs and moral damage.
  • Defamation: A person publicly spreads false information about you, damaging your reputation. You have the right to claim moral damages.

Georgian Legal Framework

Tort obligations are regulated by Articles 992-1008 of the Civil Code of Georgia:

Article 992 establishes the general principle: a person who causes damage to another by unlawful, intentional, or negligent action is obliged to compensate for it. Liability without fault arises only in special cases (e.g., liability of the owner of a source of increased danger when driving a car).

Article 413 regulates moral damage. Compensation for moral damage is possible only in cases provided by law (mainly for health injury or defamation). The amount is determined by the court based on a reasonable and fair assessment.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Fact Analysis: Determining if a tort occurred and if there is sufficient evidence.
  2. Expertise: Determining the exact amount of damage (auditor, forensics bureau).
  3. Establishing Fault: Identifying the culprit and the link between their action and the result.
  4. Claim and Negotiation: Demanding voluntary compensation.
  5. Court: Filing a lawsuit and obtaining compensation.

Why Choose Legal.ge?

Tort disputes are often difficult to prove, especially regarding the causal link. Victims frequently fail to receive full compensation due to incorrect legal positioning. Legal.ge gives you access to experienced lawyers who will fight for your rights and ensure that the damage caused is fully compensated. Restore justice with our help.

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