The concept of compensation claim in America


The concept of compensation claim in America

When a person commits an unlawful act that causes harm to others, his tort liability is established, which makes him obligated to compensate, and in order to obtain compensation, the elements of tort liability are available, including a harmful act, damage and a causal relationship, and then the court shall rule on compensation that it deems appropriate. For the aggrieved person, with the help of experts, compensation is claimed through a lawsuit called a compensation lawsuit, and in this we will explain the concept of the lawsuit, the concept of the compensation lawsuit, and its conditions.


The concept of compensation claim in America

The lawsuit is defined as: “the authority to resort to the judiciary to obtain a right determination or to protect it.” Therefore, the lawsuit is for a person to claim his right before the judicial authorities, so the lawsuit is a legal procedure to claim a right or to compensate for the damage caused by the defendant It is a right, not a duty.


A person is absolutely free to establish it or give it up without being forced to do anything. If he is harmed, he may resort to the judicial authorities to recover this right or compensate for the damage he has suffered.


The concept of compensation claim in American law

The compensation suit is a suit filed by the injured party to redress the harm inflicted on him as a result of the violation of his right, and it is clear from the concept of the compensation suit that it is filed if the plaintiff is harmed by an act of the defendant.


The damage must be the result of the harmful act carried out by the defendant, i.e. the existence of a causal relationship between the harmful act and the damage, and if this is proven, the court will award compensation to the injured person, and the compensation is usually monetary; Because criticism is the best compensation an aggrieved person can receive.


The compensation may be in kind, such as obligating the debtor to remove the violation of the terms of the contract, and the compensation will be for the loss caused to the injured person, and it is also possible to compensate him for the lost profit, such as burning a storeroom for a merchant and burning his goods, so he is compensated for the value of the goods in addition to the profits that were from He might have acquired it had it not been for this fire.


Claims for compensation

That the person filing the lawsuit has an interest in that: This principle is recognized in all cases, there is no lawsuit without interest, and the interest is defined as: “every benefit that the plaintiff obtains from resorting to the judiciary to extract it”, and therefore the interest is the only motive for filing a lawsuit. It is also the intended purpose of the lawsuit.


That the case does not acquire the validity of the res judicata: This means that the compensation case is filed for the first time before the judicial authorities, and the subject matter of which has not been previously judged.


Adherence to the time limit for filing the lawsuit: The legal legislators in the various countries have set a specific time or period for which compensation lawsuits will not be accepted if they are filed after the expiry of this period or period.


That the dispute is ongoing: it is not permissible to file a claim for compensation before the courts if the litigants are reconciled over compensation.

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