Damage Compensation

The right to compensation for damages is a fundamental civil right. When you suffer material or non-material harm due to someone else’s wrongful actions, you are entitled to full compensation. Attorney Olga Batinica in Subotica represents injured parties in all types of damage compensation proceedings, from out-of-court settlements with insurance companies to full court litigation.

Types of Damages

Serbian law recognizes two fundamental categories of damages:

Material Damages

Material damages represent the reduction of the injured party’s assets. These include:

• Actual damages — medical expenses, vehicle repair costs, destroyed property, and other direct costs resulting from the harmful event
• Lost profit — income or earnings that the injured party was unable to earn due to the injury
• Third-party care and assistance — costs of engaging others for help with daily activities during recovery

Non-Material Damages

Non-material damages refer to the infliction of physical pain, psychological pain, or fear, as well as the violation of personal rights, which does not constitute a financial loss. Serbian courts recognize the following categories:

• Physical pain — compensation for pain suffered as a result of the injury
• Fear — compensation for fear experienced at the time of the event and afterward
• Emotional distress due to reduced quality of life — when an injury permanently affects the ability to carry out everyday activities
• Emotional distress due to disfigurement — when an injury leaves visible physical consequences
• Emotional distress due to the death of a close relative — the right of close family members to compensation in the event of a fatal outcome

Traffic Accident Claims

Traffic accidents are the most common basis for damage compensation proceedings. We represent injured parties — drivers, passengers, and pedestrians — in all aspects of traffic accident claims:

• Filing damage claims with the at-fault party’s insurance company
• Negotiating with the insurance company to reach a fair settlement
• Initiating court proceedings when the insurance company fails to pay adequate compensation
• Recovering the difference between the amount paid and full compensation

Falls on Public Surfaces

Falls into open manholes, holes in sidewalks, uneven walking surfaces, or slippery pavement — liability in these situations falls on the entity responsible for maintaining the public area. We represent clients in proceedings for compensation due to poorly maintained public infrastructure.

Medical Malpractice

Medical errors can cause serious harm to a patient’s health. Damage claims based on medical malpractice require thorough medical documentation and expert opinions. We represent clients throughout the entire process, from gathering evidence to court proceedings.

The Compensation Process

A damage compensation case typically follows these steps:

1. Gathering documentation — medical records, police reports, photographs, receipts for treatment costs
2. Filing the claim — an out-of-court demand to the responsible party or insurance company
3. Negotiation — attempting an out-of-court settlement aimed at fair compensation
4. Court proceedings — if the out-of-court process does not produce results, a lawsuit for damages is filed

Statute of Limitations

Damage compensation claims expire 3 years from the date the injured party learned of the damage and the responsible party. It is essential to consult an attorney promptly to prevent expiration of your right to compensation.

Our office provides expert legal assistance in all damage compensation proceedings, with the goal of securing fair compensation for the harm our clients have suffered.