Compensation Claims for Crime Victims: Material and Moral Damages
Victims of crime have the right not only to see the perpetrator punished but also to receive full compensation for the harm suffered. In Georgia, this right is realized in two ways: by filing a civil suit within the criminal proceedings (which exempts the victim from state fees) or by pursuing a separate civil lawsuit. Compensation can cover direct material damages (medical expenses, value of damaged property, lost income) as well as moral damages (mental anguish, stress, reputational harm). Often, victims are unaware that they can also claim compensation for moral damages, which, depending on the severity of the crime, can amount to a substantial sum.
The main challenge in compensation cases is correctly calculating the amount of damage and proving it with evidence. The lawyer''s role is to collect all necessary documentation (medical reports, expert conclusions, receipts) and justify the adequacy of the claimed amount before the court. Qualified legal assistance ensures that the victim receives fair compensation for the loss experienced.
What Does the Compensation Claims Service Cover?
Lawyers on Legal.ge offer full representation in the process of obtaining compensation:
- Calculation of Material Damage: Precise calculation of all costs incurred by the victim due to the crime (treatment, rehabilitation, property restoration).
- Assessment of Moral Damage: Analyzing court practice in similar cases and formulating an optimal claim for moral compensation.
- Drafting Civil Suits: Filing a lawsuit within the criminal trial or as a separate civil procedure.
- Negotiation with the Accused: Often, the accused is willing to compensate damages in exchange for a lighter sentence (plea agreement). The lawyer manages these negotiations considering the victim''s best interests.
Common Situations and Real-World Scenarios
Compensation claims are relevant in the following cases:
- Traffic Accidents: The victim seeks reimbursement for medical expenses and vehicle value from the at-fault driver.
- Violent Crimes: A victim of assault or intentional bodily injury claims compensation for physical and mental pain.
- Theft and Robbery: Reimbursement for the value of stolen items if they were not recovered.
- Professional Negligence: The victim seeks damages from a company or the state for harm caused by an employee.
Georgian Legislation and Legal Framework
Compensation issues are regulated by the tort law provisions of the Civil Code of Georgia (Article 992 and following). The law obliges a person who has caused harm to another through an unlawful action to compensate for that harm. Compensation for moral damage is regulated by Article 413. The rules for filing a civil suit in criminal proceedings are defined by the Criminal Procedure Code. It is important to remember that the amount of moral damage is not fixed by law and depends on the judge''s reasonable assessment.
Process: What to Expect When Working with a Specialist
The lawyer will first assess the damage and gather evidence. If a criminal case is ongoing, the lawyer will intervene as the victim''s representative and demand compensation through the prosecutor''s office (as a condition for a plea bargain). If this fails, a civil lawsuit will be prepared. In court, the lawyer will prove the link between the damage and the crime. The process may end with a settlement or a court order for enforcement.
Why Choose Legal.ge?
Getting fair compensation is difficult without professional help. Legal.ge offers lawyers with experience in both criminal and civil litigation. They will help you accurately assess damages and obtain maximum compensation. Find your advocate on Legal.ge.
Updated: ...