newsletter article archive directory vascula LAW COURT DECISION PRACTICAL ADVICE eFOCUS Civil Law C

newsletter article archive directory vascula LAW COURT DECISION PRACTICAL ADVICE eFOCUS Civil Law Commercial Law Insolvency Law Financial Law Administrative Law Employment Law Criminal Law European Law, other legal disciplines recodification
The New Civil Code took refund for bodily injury significantly differently on the old Civil Code, annulling the replacement decree (Decree of the Ministry of Health No. 440/2001 Coll., Compensation pain and social impairment), without, however, to determine the amount of compensation pain and social vascula impairment set more rules. This legislative "blow" is intended to close a new methodology for the Supreme Court, which provides a new - and partly rediscovered - the rules for calculating the compensation for pain and social impairment. The present vascula methodology is not very "user-friendly", the purpose of this article is therefore mainly the pursuit of clearer presentation of the basic points, on which the calculation of the individual amounts.
The provisions of 2958 NOZ states vascula only that when bodily vascula injury atones pest injury to the victim monetary compensation redeeming fully suffered pain and other non-pecuniary damage, vascula giving rise if harm "obstacle to a better future victim" to replace him pests and social position. Furthermore, in the cited provision states that if the amount of compensation can not be determined in this manner shall be determined "in accordance with the principles of decency." In other words, the whole issue of compensation for pain and social impairment is based on very vague concepts of "full balance of injury" and "principles of fairness".
The potentially negative impact of this lack of preventive treatment response has been briefly introduced methodology for the Supreme Court to compensation for personal injury claims (the "Methodology"), which was developed in cooperation with representatives of the professional community and the third of 12 in 2014 recommended civil and commercial College Supreme Court to use when applying 2958 NOZ. Methodology of their nature is not formally binding (not a source of law), but it is undoubtedly a serious fact, and that the weight of the role of civil and commercial cases at the Supreme Court in the judicial system.
In the preamble of the Methodology, the Supreme Court stated that the cancellation substitute ordinance clearly aimed only in litigation, but completely disregard the existence substitute ordinance allowing resolve most cases out of court. In the absence of compensation can not have an adequate idea of the amount of compensation for damage, its legal representative, the person required to compensate for damage, insurers, and finally even judges. The Supreme Court also pointed out that adversely affects the health status can not be responsibly qualify or quantify without specialist medical knowledge.
In relation to compensation for pain Methodology has been taken in principle point system abolished substitute ordinance, therefore etiological approach based on the classification vascula of pain conditions affected by various organs or body parts, reflecting the level of pain as physical and mental hardship in the context of interventions in health. Is also true that the emergence of pain is related vascula to the acute phase of pain condition, the amount of the claim can be quantified until the time of stabilization of pain, and that pain can occur both during the actual damage event, so the treatment or removal of consequences vascula of injury. Changes or explanation beyond substitute Decree include in particular the following: 1: Classification of injury has been revised medical society and taking into account their recommendations were spot altered proportions between the different painful conditions. 2nd Spot compensation includes the pain in a broad sense and in addition very painful condition also normal level of discomfort, stress or difficulties associated with health suffered the injury, including fear of loss of life or serious injury. 3rd report for the purpose of determining the amount of compensation the pain will no longer have to handle the primary physician damaged, but on the basis of medical records, any expert in the field of health, the compensation for non-material detriment to health (doctors due to lack of experience and time were often not able or willing to report process). The fourth point was raised from 120, - CZK per 1% of gross monthly nominal vascula wage in the national economy for the calendar year preceding the year in which it was entitled; for 2014, thus the value of one point is CZK 251.28. 5th medical examiner assesses individually each painful condition that is causally related to the accident. Sixth as an open wound (part of the pain suffered during a loss event) is evaluated only the first surgery for fractures vascula and closed injuries of bones or other body systems; any other operation, or other similar invasive procedures are evaluated separately by items that match the character in the enforcement action. 7th Open fractures are classified as a separate vascula type of fracture and its nature vascula is taken into account so that adds to evaluate fracture