Compensation for non material damage – Orientation criteria FBiH

Compensation for non material damage

Compensation for non material damage is a bit complicated in legal system of Bosnia and Herzegovina. However, whereas material (property) damage may appear as a consequence of an anti-legal activity which infringed property rights and rights of the person, the non-material damage, on the other hand, appears only as a consequence of anti-legal activity infringing only personal goods of an individual.

Orientation criteria and amounts for determining the amount of fair monetary compensation for non-pecuniary damage in Federation of Bosnia and Herzegovina

Compensation for Physical Pains

Orientation criteria and amount for determining the amount of compensation for physical pain (per day):

  • Severe Pain ………………….   70,00 KM (35,79 EUR)
  • Moderate Pain …………….    40,00 KM (20,45 EUR)
  • Mild Pain ……………………..    10,00 KM   (5,11 EUR)

Compensation for Experienced Fear

Orientation criteria and amount for determining the amount of compensation for experienced fear (per day):

  • Very strong intensity ……………………..     70,00 KM (35,79 EUR)
  • Strong intensity  ……………………………..    60,00 KM (30,68 EUR)
  • Medium intensity ……………………………    30,00 KM (15,34 EUR)
  • Low intensity  ………………………………….      5,00 KM (  2,56 EUR)

Compensation for Mental Pains and Suffering Due to Decreased Activities of Daily Living

  • to 25%  …………………………………………. 5.000 KM for every 10% (2,556.45 EUR)
  • over 25 to 40% ……………………………… 6.000 KM for every 10% (3,067.74 EUR)
  • over 40 to 60% ……………………………… 7.000 KM for every 10% (3,579.03 EUR)
  • over 40 to 80% ……………………………… 8.000 KM for every 10% (4,090.32 EUR)
  • over 80 to 100% ……………………… to 10.000 KM for every 10% (5,112.90 EUR)      

Liability based on causality or causing the damage (objective responsibility) is established, in comparison with the subjective one, as a separate liability, which is applicable to dangerous things that are dangerous activities. Therefore, objective responsibility is considered secondary and excludes the subjective one in cases when it comes to dangerous things or dangerous activities. Apart from the fact, it is established only in cases strictly regulated by Law.

The principle of objective responsibility

The introduction of the principle of objective responsibility should secure the compensation for damage to a claimant in situations when it was not easy to prove the subjective responsibility of a certain person for causing the damage. Therefore, it is not enough if the claimant proves the fact that he suffered damage and that the causative correlation exists between the damage and the use of a dangerous thing (motor vehicle).

In our law, the damage-based liability is regulated in Article 154 and Articles 173 through 177 of the Law of Obligatory Relations. Article 154, Paragraph 2 provides that damage from things or activities, which increase the risk from damage, have to be accounted for irrespective of the fault. The notion „danger“ is defined as provoking the justified fear from the anticipated damage. The increased danger from damage is not a common danger – but particular danger which, irrespective of the applied care and caution, cannot be controlled nor prevent the damage from dangerous things and activities.

The content and deep-structured meaning of the objective responsibility is provided in Articles 173 through 177 of the Law of Obligatory Relations. The essence of the objective responsibility, in accordance with the Law refers to the following:

  • Damage has to be subject to liability, irrespective of the fault;
  • Damage consequences from things or activities;
  • Such things or activities cause the increased danger from damage to our environment.

Pursuant to Article 173 of the Law of Obligatory Relations, causality is assumed, but it is the so-called legally disputable assumption.

The notion „dangerous thing“ represents a legal standard, which varies in accordance with changes in every day life, and the pool of dangerous things is determined by the judicial practice.

Autor: Bašić Melika/Huskić Law Office