Damages and Personal Injury

The time limit depends on the type of claim. If the damage was caused unlawfully outside a contract, for example by a traffic accident or an act of violence, the limitation period for the claim is generally 3 years from the time when you learned or should have learned of both the damage and the person obliged to compensate it. Such a claim nevertheless expires at the latest 10 years after the act or event that caused the damage. For a claim arising from causing death, causing bodily injury, damage to health or deprivation of liberty, a 3-year limit from becoming aware also applies, but the final upper limit is 30 years. For a claim arising from a contract, the general limitation period is likewise 3 years.

The start of the time limit also depends on the claim. In the case of an accident, violence or other causing of damage, the three-year limit starts to run from when you learned of both the damage and who is liable for it. If the liable person becomes clear only later, the time limit may also start later. For a contractual claim, for example a problem related to a service, work or a purchase, the time limit generally starts to run from the moment when the claim can be made, for a monetary claim for example from the agreed due date for payment.

If you are discussing a claim with the other party or the insurer and trying to reach an agreement, limitation is generally suspended for that time and continues only after the negotiations end, so the search for an agreement need not be feared on account of limitation. It is good if the negotiations can later be proven, for example through correspondence. It is also worth knowing that an expired claim does not lapse by itself, but the court generally takes limitation into account only when the other party relies on it. Nevertheless it is sensible not to wait, because the fresher the case, the easier it is to gather and preserve evidence.

Compensation for pain and suffering (that is, compensation for non-pecuniary damage) is not determined in Estonia on the basis of a fixed price list. Each case is assessed according to the circumstances of that case. Account is taken, for example, of the seriousness of the injury, the extent of the pain and suffering, the length of the treatment and recovery and whether the injury has permanent consequences. Permanent consequences may be, for example, scars, a restriction of movement or a reduction in the capacity for work. It is also examined how much the case has affected your everyday life, work and coping.

In practice the sums can vary greatly. For a lighter and temporary injury the compensation for pain and suffering may remain at a few hundred to a couple of thousand euros, while for serious and permanent damage to health or the loss of a loved one it may reach tens of thousands of euros, depending on the damage that has arisen. A more precise sum can be assessed once the extent of the injuries, the course of treatment, the possible consequences and the effect of the case on your life are known. The situation is also compared with earlier similar court decisions.

Compensation for damage can be claimed when the damage arose because of an accident, an attack, a breach of contract or another event that caused damage. Pecuniary damage includes, for example, treatment and rehabilitation costs, medicines, aids (such as glasses, prostheses or crutches), transport to a medical institution and care costs. In addition, you can claim lost income if you were unable to work because of the injury, and in the case of permanent loss of capacity for work also income that will be lost in the future.

It is also possible to claim non-pecuniary damage (that is, compensation for pain and suffering) for physical and emotional suffering. We recommend gathering and keeping all receipts, invoices, medical certificates and other documents from the very beginning. Later it is precisely these documents that are very important for proving the claim.

We understand that after an accident it can be difficult to think far ahead, but a few simple steps help to protect your interests later. Health comes first, so have your injuries examined and recorded by a doctor, and even if they seem light at first glance, not all consequences always appear at once. For example, a concussion from a fall at work may seem trivial at first, but its permanent consequences often appear only months later, when enforcing your rights may already be more difficult. For this reason we emphasise that it is worth having injuries recorded by a doctor. We also recommend taking photos and videos of the injuries (and of the scene) yourself.

Also notify the relevant authorities of what happened: in the case of a traffic accident, if necessary, the police and the insurer, in the case of an accident at work, the employer, in the case of a crime, the police. Keep all evidence, including documents and expense documents, and if possible photograph the scene, the injuries and the damage. Write down the names and contacts of witnesses. Be careful with quick agreements and signatures, because consent given before the actual extent of the damage becomes clear can later restrict your rights.

No, you do not. The insurer’s first offer is not a final decision and you have the right to challenge it and to submit additional evidence. In practice the sum offered is often smaller than the actual extent of the damage, especially as regards compensation for pain and suffering and permanent consequences, which are harder to put into money. Before agreeing to the offer and signing an agreement it is worth reviewing the claim, because by a signed agreement you may give up the right to claim more later. If no agreement is reached with the insurer, the dispute can be taken to court or resolved out of court.

Personal injury caused in a traffic accident is generally compensated by the motor third-party liability insurer of the vehicle at fault. If the person at fault fled or the vehicle lacked compulsory insurance, the victim is still not left without compensation. In such cases it is possible to turn to the Estonian Motor Insurance Bureau, which compensates the damage to the extent provided by law. If the insurance is not enough to cover the damage or liability is disputed, the claim can be made directly against the person who caused the damage. The right liable party depends on the specific circumstances, for example on who caused the accident and whether there were several parties involved.

In the case of an accident at work, the employer may become liable if it has breached occupational safety requirements or other obligations, for example failed to ensure a safe working environment, the means necessary for work or training. In addition, benefits from the social insurance and Health Insurance Fund system may come into consideration, for example the benefit for temporary incapacity for work. The employer must duly register and investigate the accident at work, and you have the right to examine the materials of that investigation. These documents are later important for proving the claim. At the same time, the claim that, if the employee themselves breached some occupational safety requirement, this automatically releases the employer from liability is not true. In such a situation, where the employee has also breached occupational safety requirements, the employer is released from liability only if the employer has for its part ensured occupational safety and the necessary work equipment and training, but the accident happened nonetheless. Our lawyers have long experience in resolving compensation claims related to accidents at work, both through negotiations and through court disputes.

The loss of a loved one is severe, and at such moments talking about compensation may seem secondary. Nevertheless it can be an important support for coping afterwards, and your right to claim it deserves attention. If your loved one died because of an accident, violence or another event that caused damage, you may have the right to claim compensation. This depends on what happened, who is liable for it and what your connection to the deceased was. You can claim, for example, compensation of funeral costs. If the deceased maintained you or had an obligation to maintain you, it is also possible to claim damage related to the loss of maintenance. In certain cases loved ones may also have the right to compensation for non-pecuniary damage (so-called compensation for pain and suffering), especially when the death caused deep suffering to the loved ones. We help you by assessing what claims can be made, against whom they should be made and what evidence needs to be gathered.

In certain cases, yes. If it is a violent crime and the victim has suffered serious damage to health or other damage provided by law, it is possible to apply for crime victim compensation even when the perpetrator of the crime has not yet been found. If the victim died because of a violent crime, compensation may be applied for, for example, by the victim’s dependants and the person who bore the funeral costs. Compensation is applied for through the Social Insurance Board. The application must generally be submitted within three years of the crime taking place. Victim Support provides free help with filling in the application and throughout the whole process. The around-the-clock victim support information line is 116 006 and more information can be found on the Social Insurance Board’s website. You do not have to manage alone in this situation, and asking for help is entirely sensible. We also wish to point out that in such a situation the help of a lawyer may not always be needed. We therefore recommend turning to Victim Support first. And of course, if in addition to this you also need the help of a lawyer, we are here for you.

Yes, you can. If damage has been caused to you in criminal proceedings or misdemeanour proceedings, the state may in certain cases be liable for it. Compensation may come into consideration, for example, when you are acquitted, the proceedings are terminated, a judgment of conviction is annulled or when you were deprived of liberty without justification, for example by detention or being taken into custody. Such situations can be very burdensome for a person. The proceedings may affect reputation, work, income, family life and mental wellbeing even when it later turns out that the accusation or suspicion was not justified. It is precisely for such cases that the law provides the possibility to claim compensation for damage from the state.

Compensation can cover both pecuniary damage and non-pecuniary damage. Pecuniary damage may be, for example, lost income, justified legal costs or other direct financial damage. Non-pecuniary damage means above all suffering, anxiety, inconvenience, reputational harm and other consequences that cannot be measured only by invoices or receipts. If a person was deprived of liberty without justification, the compensation for non-pecuniary damage is calculated on the basis of the daily rate provided by law for each calendar day commenced. The daily rate is based on the average gross monthly wage.

The application must be submitted in writing. Whether the application is submitted to the prosecutor’s office, the body conducting out-of-court proceedings or the court depends on the proceedings and the stage in which the damage arose and on the decision with which the matter ended. The time limits are short. In many cases the application must be submitted within six months of the entry into force of the relevant decision or of the time when the right to claim compensation arose.

The most important things in proving the size of the damage are documents. The earlier you start gathering them, the easier it is later to show what damage arose and how large it was. Pecuniary damage can be proven, for example, by invoices, receipts, payment orders, salary certificates, certificates of incapacity for work and account statements. These show the expenses made and the income lost. For damage to health, medical certificates, the medical history, treatment data, rehabilitation documents and, where necessary, the assessment of a specialist doctor or expert are important. Photos or videos of the damage that has arisen are also important. These help to show the seriousness of the injury, the duration of treatment and possible permanent consequences.

For compensation for pain and suffering, the sum that a person considers right is not enough on its own. It is important to show how the injury or event affected your health, everyday life, work and coping. Medical documents, photos of the injuries, incapacity-for-work data and a description of how the event changed your life can be helpful. The more thorough and consistent the evidence, the stronger your claim.

This is a reasonable concern, and it can be reduced already before making the claim. We help to assess the prospects of the claim, the possible order of magnitude of the compensation and the costs involved, so that you can make an informed decision. It is worth knowing that if the matter is won, the losing party generally also has to compensate the winner’s justified legal costs. Moreover, many damage matters are resolved out of court, for example through negotiations with the other party or the insurer, which as a rule saves both time and money.