Compensation for damages
Tort law
Tort law determines how the harmful consequences of damage are divided between the injured party and the party causing the damage. The starting point of tort law is to compensate the injured party for the damage. The right to compensation for damages can be divided into contractual compensation for damages and non-contractual compensation for damages.
Contractual compensation for damages is based on an agreement between the parties. In this case, the terms of the agreement and mandatory legislation form the basis for claiming damages. In contractual relationships, the damage to be compensated is therefore related to the agreement and its content. Only a party to the agreement may be liable for damages to the other party to the agreement.
Non-contractual damages arise when there is no agreement between the parties, but damage is caused to one party through negligence, i.e., carelessness or imprudence, or intentionally. The Damages Act distinguishes between different degrees of negligence: gross negligence, ordinary negligence, and slight negligence. The basis for calculating compensation is the principle of full compensation. Normally, intentional damage is compensated in full, but depending on the degree of negligence, compensation may be adjusted.
We are experienced legal experts in tort law
Our lawyers have decades of experience in matters related to damages. Our experienced tort lawyers will assist you throughout Finland in all matters related to tort law and liability for damages. We have long and extensive experience in assessing and preparing tort cases and in litigating them in court.
We assist companies and private individuals in matters relating to compensation for damages in the Helsinki metropolitan area and throughout Finland. Contact us.
Contractual liability for damages
The most significant liability risks for companies relate to the contracts and agreements they enter into. Airakorpi Law Ltd is an expert in contractual liability for damages. Our lawyers specializing in corporate contracts help minimize contractual risks and assist companies in potential disputes arising from contracts. In industries where general terms and conditions are widely used, such as the construction industry, we negotiate the necessary exceptions to the general conditions.
Contracts and general conditions often include provisions on damages, for example by specifying a contractual penalty. These provisions should be drafted with care in order to avoid disputes over liability for damages in the event of a claim.
We assist companies with extensive experience in drafting contract terms and in disputes related to the interpretation of contract terms.
If there is no agreement between the parties, the legal basis for damages relates to non-contractual damages. We also assist in these situations with issues related to the grounds for damages and the amount of damages.
If your company needs an expert in the field of damages, please contact us. We have decades of experience in cases involving damages.
Patient injuries
A patient injury refers to personal injury caused in connection with health care or medical treatment. Patient injuries vary; a minor patient injury may be temporary pain, while a serious injury may be permanent disability.
According to Section 6 of the Patient Insurance Act, all healthcare providers must have insurance against patient injuries. Section 23 of the Patient Insurance Act defines eight different types of injuries for which compensation is paid. These types of injury are treatment injury, infection injury, accidental injury, equipment-related injury, accidents relating to permanently installed medical devices, injury arising from damage to the premises or treating equipment, injury due to incorrect delivery of pharmaceuticals, and unreasonable injury.
In situations where the compensation system under the Patient Insurance Act does not apply, liability for compensation is determined on the basis of general liability for damages. In such cases, the Damages Act applies.
We handle matters related to patient injuries on behalf of companies, patients, and doctors
Applying for compensation in patient injury cases
Compensation under the Patient Insurance Act is handled by the Patient Insurance Centre.
According to Section 31 of the Patient Insurance Act, the injured party must apply for compensation from the Patient Insurance Centre within three years of becoming aware of the injury or when they should have become aware of it and the resulting damage. The time limit is therefore not calculated from the date of the injury. For special reasons, compensation may be claimed later, but it must be claimed no later than ten years after the event that led to the injury.
The processing of patient injuries usually begins with a notification to the Patient Insurance Centre (PVK). The claimant must provide the Patient Insurance Centre with the documents and information necessary to determine the centre’s liability and which can reasonably be required of the claimant, taking into account the centre’s ability to obtain clarification. The Patient Insurance Centre must begin investigating the compensation case without delay and no later than seven working days after the case has been filed. The Patient Insurance Centre will then assess whether the criteria for compensation are met and issue a decision on the matter.
The Patient Insurance Centre must pay the compensation or notify the applicant that no compensation will be paid no later than three months after receiving the claim.
If the decision of the Patient Insurance Center is not favorable to the claimant, it is possible to request that the matter be reviewed by the Traffic and Patient Injury Board. The policyholder, healthcare provider, insured person, injured party, and other persons entitled to compensation have the right to request a written recommendation from the Traffic and Patient Injury Board within one year of the Patient Insurance Center’s decision. At this point at the latest, it is advisable to consult a lawyer to ensure that the application takes all relevant factors into account.
If the Traffic and Patient Injury Board’s recommendation does not change the situation, it is possible to file a claim for damages in a district court.
Our patient injury lawyers will assist you in all matters related to patient injuries, we have experience in handling cases related to brain injuries, for example. We will prepare a claim for damages on your behalf and assist you in court proceedings if necessary.
Property damage and personal injury
Compensation for damages may be applicable in cases of property damage. Property damage includes, for example, damage to objects. According to the Damages Act, damage to property must be compensated for by the repair costs of the object, such as car repair costs, other expenses caused by the damage, and the reduction in value or the value of the destroyed or lost object, as well as the loss of income or maintenance. Property damage may also apply to assets that are not related to an object, such as business profits.
The Damages Act regulates personal injury. According to the Damages Act, a person who has suffered personal injury is entitled to compensation for necessary medical expenses and other necessary expenses, loss of income, pain and suffering, and other temporary and possible permanent disability.
We assist our clients with our extensive experience in all matters related to property damage and personal injury.