Compensation for property and non-property damage caused by injury to health in a road traffic accident

(Application of Articles 992 and 413 of the Civil Code of Georgia in a civil dispute following a criminal verdict)

Often, the victim believes that the case is over once the offender is convicted. In reality, the criminal verdict is only the beginning: compensation for the damage caused must be claimed separately, through civil proceedings. In just such a case, I was able to have the opposing party held liable for compensation.

Case circumstances

In October 2023, my client was hit by a car. Due to the injury, he underwent emergency surgery on his thigh, followed by lengthy treatment and rehabilitation. In the criminal case, the driver was found guilty and my client was recognized as the victim. Nevertheless, the convicted person did not compensate the damage nor provided any assistance. In October 2024, we demanded voluntary compensation in writing, attaching receipts confirming the expenses, but we did not even receive a response.

Claims

I filed a claim in Tbilisi City Court for a total of 26,664 GEL, which included three demands:

  • Property damage, 11,664 GEL: clinic services, consultations, radiological examinations, medications, physiotherapy, crutches and other medical aids, each confirmed by a payment receipt;
  • Moral damage, 10,000 GEL: physical pain and emotional suffering experienced by the client as a result of the injury, surgery, and prolonged treatment;
  • Future rehabilitation expenses, 5,000 GEL: confirmed by the clinic, the need for a multi-year rehabilitation course.

Legal grounds

  • Article 992 of the Civil Code (compensation for damage caused by unlawful act);
  • Article 413 of the Civil Code (Reasonable and fair monetary compensation for non-pecuniary damage);
  • Subparagraph "b" of paragraph 2 of Article 198 of the Civil Procedure Code (Securing a claim, seizure of bank accounts);
  • Subparagraph "e" of paragraph 1 of Article 5 of the Law "On State Duty" (Exemption from duty on claims for damage caused by injury to health).

The issue of fault and causal link had already been established by a judgment that had entered into legal force, so the main burden of proof shifted to the amount of damage. In the part concerning moral damage, I emphasized that it is impossible to "restore" suffering and the only available remedy is fair monetary compensation. When determining its amount, the severity of the injury, the duration of treatment, and the conduct of the injurer, including the failure to respond to a voluntary compensation request, should be taken into account. Since the respondent did not own any real estate, I petitioned for the seizure of bank accounts to secure the enforcement of the decision.

Result

The court upheld the claim and ordered the respondent to compensate my client for the damage caused.

What you should consider

If you are injured as a result of an accident or other unlawful act, keep all receipts and medical certificates, request a doctor's opinion on the need for future treatment, and first address the injurer in writing. A criminal judgment is strong evidence in a civil dispute, and you are not required to pay state duty on a claim related to injury to health.

Lawyer Nikoloz Pkhaladze | Pkhaladze and Partners | Pkhaladze et Associés

Tbilisi, Al. Kazbegi Ave. 24g, AXIS, 10th floor | +995 597 117 795 | www.pkhaladze-law.ge