Conditions for eligibility for compensation in America

Conditions for eligibility for compensation in America

Human nature, by nature, errs, intentionally or unintentionally, and in order to protect the rights of others, it was necessary for him to compensate the aggrieved parties as a result of the harm they suffered from those damages, and thus compensation is a financial amount granted to the affected person to redress the harm inflicted on him, and this compensation is just and proportional to the extent of the damage who solved it.


The assessment of this is due to the court competent to consider the dispute related to compensation for tort liability based on several grounds on which the subject judge relies. Compensation for material damage is different in nature from moral damage. The following is a talk about the conditions for entitlement to compensation in tort responsibility.


Compensation for material damage in America

Also called economic harm or financial harm; because it touches a right of monetary value; That is, it in itself affects the financial liability of the injured person, such as burning a property or a vehicle owned by him.


Thus, the concept of material damage cannot be limited because it is a general concept, that is, it includes all losses that affect a person’s financial liability, and material damage may also occur as a result of an infringement of intellectual and industrial property rights, such as printing a book without the consent of its author.


As for estimating compensation for material damage, the judge resorts to compensating the injured person in proportion to his lost earnings and the damage he sustained.


An example of this is: a merchant who keeps his goods in stores designated for safekeeping, so someone, whether intentionally or unintentionally, burns these stores, and this merchant is compensated for the value of these goods in addition to the profits that he would have earned had it not been for this burning.


This is called lost profit, but the basic condition for compensation for this material damage is that that damage be the result of the harmful act that the person causing the damage has inflicted, that is, there is a causal relationship between the harmful act and the damage that resulted from it.


Compensation for moral damage in America

The harm can also be material, and it can also be moral, and moral harm is defined as that harm that affects a person in his dignity, honor and morals, such as when a person posts an inappropriate image on the social media of another person that harms him in his morals and social status among people. .


In the past, legal jurisprudence excluded the idea of ​​compensation for moral damages; Because these damages lie within the human soul and it is difficult to redress and estimate them to compensate for them, but after the development witnessed by civil liability, especially in the field of compensation for tort liability, it was necessary to compensate for moral damages as compensation for material damages is done, as for compensation for this damage The judge in the matter compensates him in a symbolic way, such as damages to human dignity, morals and honor.


As for the damages that affect a person’s social status, compensation for it is either by publishing an apology that restores the aggrieved person’s consideration, or by resorting to practical means through which he is rehabilitated, but if the moral damage accompanies material damage, such as mutilating a man in his face.


Whereas, although the damage was inflicted on a part of his body, it was accompanied by damage that may lie in himself, as if he proposes to a girl and she rejects him because of this distortion, so jurisprudence went towards compensating him with moral compensation in the same way that financial compensation is estimated.

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