Definition of Damages

The two terms we analyze are often presented together in legal terminology. Damage is understood to be any impairment suffered as a result of the action of another person, while the damage refers to the gain lawful that one fails to obtain or the expenses that one has as a consequence of the action or omission of another person.

A hypothetical case

Suppose an individual owns a taxi and makes a living as a taxi driver. On the other hand, another person collides with the taxi in an accident and the car is damaged. In this circumstance, the damages would be the expenses necessary to repair the vehicle and the damages would be the earnings that the taxi driver has stopped receiving as a result of the accident that he has suffered. In this case, there is damage accompanied by damage, which happens frequently and for this reason reason both concepts are usually linked.

Compensation for damages has a restorative purpose

When someone has to pay a compensation for damages and losses caused to another person, compensation must be understood not as a punishment or a

sanction, since it is legally considered to be a reparation mechanism.

A possible compensation is only contemplated if it is possible to demonstrate a certain damage and prejudice, otherwise the responsibility civil. Obviously, without damage you cannot speak of any civil liability.

The concept of damage can be understood in several senses: that caused by a traffic accident, that caused by medical malpractice or the damage caused by the state by a intervention wrong. For this reason, in the legal world there is talk of right Of Damage. In this sense, one of the most common technical problems is the mathematical calculation of what a human life can be worth when damage is the cause of the death of someone (for example, an error by a surgeon that causes the death of someone and this circumstance ends in court with a claim for damages and damages).

Obligations, negligence and damages

In legal relationships, obligations are established, for example those that are included in an employment contract or in any other agreed agreement. Yes one obligation it is not respected there is negligence.

If someone breaches a legal obligation, his negligent action can lead to a claim for damages. In practice, the problem lies in proving that negligence has occurred.

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Issues in Damages