Not every compensation case can be classified as a road accident, an accident at work, a medical error or a random incident. In practice, there are many other situations in which the injured person may be entitled to compensation, damages or an insurance benefit.

This may concern both damage to health and loss of property. Sometimes the liable party is an individual or a business, in other cases an insurer, the State Treasury or another entity responsible for the damage.

Our firm also handles unusual and more complex compensation cases, which first require establishing the proper legal basis and the liable party.

What cases do we handle?

We handle, among others, cases concerning:

• damage caused by animals, including dog bites,
• damage in agriculture and on farms,
• claims under third-party liability (OC), comprehensive motor (AC) and personal accident (NNW) insurance,
• refusal of the insurer to pay a benefit,
• understated compensation,
• damage caused in the exercise of public authority,
• damage resulting from unlawful decisions or rulings,
• unjustified pre-trial detention or arrest,
• personal injury and property damage arising in other circumstances.

If a situation is not on the typical list of accidents, this does not mean that the injured person has no claims. In many cases, the key is to establish correctly who is liable for the damage and on what basis it can be made good.

Compensation for damage caused by an animal

A dog bite can lead not only to bodily injury but also to long-term treatment, scarring, psychological problems or the need for rehabilitation.

A person who keeps or uses an animal may, in certain circumstances, be liable for damage caused by it.

Depending on the consequences of the incident, the injured person may claim, among other things, reimbursement of the costs of treatment, rehabilitation and other expenses related to the injury, as well as damages for pain, suffering and other negative consequences of the incident.

Similar rules may also apply to damage caused by other animals. In each case, however, it is necessary to establish the circumstances of the incident and the liability of the person in charge of the animal.

Damage in agriculture

Compensation cases may also concern farms and agricultural activity.

The damage may cover, among other things, farm property, buildings, machinery, crops or other assets. Depending on the cause of the incident, claims may be directed at the person responsible for the damage or at the insurer.

In agricultural cases it is particularly important to properly document the extent and value of the damage. Photos, farm documentation, cost estimates, expert opinions, accounting documents and the terms of the insurance may all be relevant.

Compensation under OC, AC or NNW insurance

We also handle cases in which the dispute concerns the payment of compensation or another benefit under an insurance policy.

Problems most often arise when the insurer:

• refuses to accept liability,
• pays only part of the benefit due,
• understates the amount of the damage,
• disputes the extent or cause of the damage,
• relies on exclusions of liability provided for in the policy,
• does not take into account all consequences of the incident.

In such cases we analyse the policy, the general terms of insurance, the insurer’s decision and the damage documentation. We also check whether there are grounds to appeal and pursue further claims.

The scope of the benefit depends on the type of insurance and the terms of the specific policy, so each case requires a separate assessment.

Liability of the State Treasury

In certain situations, damage may result from an action or omission of a public authority.

This may concern, among other things, cases involving unlawful action by an authority, a defective decision or ruling, or failure to issue a decisiondespite an obligation to do so.

Cases of this kind are among the more complex ones. The mere fact of suffering damage as a result of an authority’s action does not in itself determine the right to compensation. Depending on the type of case, it may first be necessary to establish that the action, decision or ruling was unlawful.

That is why, before bringing a claim, we carefully analyse the course of the earlier proceedings and the documents on the basis of which the liability of the State Treasury or another public authority can be established.

Compensation for unjustified detention or pre-trial arrest

A special category are claims related to clearly unjustified pre-trial detention or arrest.

Deprivation of liberty can cause both measurable financial losses and serious personal consequences – affecting family life, career, reputation and mental health.

In cases provided for by law, it is possible to claim from the State Treasury:

• compensation for financial loss suffered,
• damages for harm related to unjustified deprivation of liberty.

The scope of claims depends on the circumstances of the specific case, the length of the detention or arrest and its real consequences for the injured person.

What can you claim?

There is no single list of benefits applicable to all compensation cases. Everything depends on the type of damage and the basis of liability.

If there was bodily injury or deterioration of health, claims may include, among other things:

• treatment and rehabilitation costs,
• the purchase of medicines and medical equipment,
• the cost of care and assistance from others,
• lost income,
• increased needs of the injured person,
• an annuity in the case of long-term consequences,
• damages for the harm suffered.

In the case of property damage, compensation may cover the losses incurred and, in appropriate situations, also the benefits the injured party did not obtain as a result of the incident.

In insurance cases, the scope of the benefit due also depends on the type of policy and the terms of cover.

How should you prepare to claim compensation?

Documentation is very important in compensation cases. The more accurately the course of events and its consequences can be reconstructed, the easier it is to assess the grounds for a claim.

Depending on the type of case, it is worth securing, among other things:

• photos and videos,
• details of witnesses,
• medical records,
• bills and invoices,
• cost estimates and valuations of the damage,
• policies and general terms of insurance,
• correspondence with the insurer,
• decisions and rulings of authorities,
• documents confirming lost income or other losses.

Not every case requires the same set of evidence. That is why at the outset we establish which documents matter in the specific case and what may still be missing.

Help with other compensation cases

Every case of damage has different circumstances, so in cases that do not fit standard categories, individual analysis is especially important.

We establish what the liability arises from, to whom the claim should be addressed and what benefits can be claimed. We also analyse the position of the insurer or other entity responsible for making good the damage.

We help at the stage of submitting claims and negotiations and, if the case cannot be properly resolved out of court, we prepare it for court proceedings and represent the client in court.

The aim is to obtain a benefit that reflects the real extent of the damage and its consequences for the injured person.