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Methodology for Determination of General Damages in Personal Injury Cases
Mališ, Daniel ; Šustek, Petr (referee)
222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...
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Methodology for Determination of General Damages in Personal Injury Cases
Mališ, Daniel ; Dvořák, Jan (advisor) ; Šustek, Petr (referee) ; Doležal, Tomáš (referee)
222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...
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