Compensation for Damages


In the practice of the Rasic & Partners law firm, a significant place is occupied by disputes arising from harmful events, such as injuries at the workplace, traffic accidents, sports injuries, and the like. The reason for this is the frequency of disputes in this area, especially in urban areas. Due to excessive traffic jams in big cities, traffic accidents with significant consequences occur daily. Consequences, or damage, can be of a material and/or non-material nature.


Material (property) damage consists in the destruction of a thing, or a minor or major injury, making it impossible or difficult to use the thing, or in some nuisance for which removal it’s necessary to make expenses that otherwise wouldn’t be made. It is a violation of a property interest or property. The offender is obliged to compensate the injured party for the interest he would have had if the harmful event had not occurred.

Material damage can also occur in the event of an injury to another natural person if that injury resulted in the incapacity for work or medical expenses. Cases of material damage in case of bodily injury or damage to health are:

  • cost of treatment
  • lost earnings
  • costs of increased need due to injury

There are two types of material damage: real (visible) damage and lost profit.


Non-material damage differs from material damage because it does not represent property loss. It arises as a result of mental, physical pain and fear suffered.

For the physical pain suffered, the fear suffered and the mental pain suffered due to the violation of personal rights protected by law, the court can award compensation for non-material damages when the intensity and duration of the pain and fear justify it, taking into account the importance of the damaged good and the purpose served by the compensation, so not to favor aspirations that are incompatible with the nature and purpose of monetary compensation for non-material damage.

For mental pain suffered, the court can award compensation for non-property damage only in the cases enumerated by law:

  • Physical pain suffered
  • Fear suffer
  • Mental pain suffered due to reduced life activity
  • Mental pain suffered due to being angry
  • Mental pain suffered due to injury to reputation and honor
  • Emotional pain suffered due to the death of a close person
  • Mental pain suffered due to a particularly severe disability of a close

According to the Law on Contract and Torts (Art. 200), for physical pain suffered, mental pain suffered due to reduced life activity, humiliation, injury to reputation, honor, freedom or personal rights, death of a close person as well as fear, the court will award a fair monetary compensation, independently of compensation for material damage as well as in its absence, if it finds that the circumstances of the case, and especially the intensity of pain and fear and their duration justify it.




Typical legal proceedings related to damages in which our attorneys participate are:

Rasic & Partners

Practice areas

Family Law

  • Divorce
  • Property division after divorce
  • Alimony
  • Child custody
  • Domestic violence

Inheritance Law

  • Initiation of probate proceedings
  • Necessary hereditary part
  • Testament
  • International inheritance law
  • Inheritance in Croatia
  • Inheritance in Montenegro
  • Inheritance in Germany
  • Inheritance in Italy

Labor Law

  • Labor disputes in the Republic of Serbia
  • Labor disputes abroad

Compensation for Damages

  • Compensation for damages in traffic accidents
  • Compensation for material damage
  • Compensation for non-material damage

Criminal Law

  • Crimes against life and body
  • Crimes against honor and reputation
  • The criminal offense of unauthorized production and distribution of narcotic
  • International criminal law

International Law

  • Abolition of bans for the Schengen area
  • Acquisition of Croatian citizenship
  • Removal of the ban for the Schengen area
  • International probate proceedings
  • International criminal law
  • Recognition of foreign court decisions

Commercial Law

  • Founding of business companies in the Republic of Serbia
  • Founding of business companies in Slovakia
  • Commercial offenses
  • Compulsory liquidation
  • Bankruptcy proceedings

Contract Law

  • Agreement on the purchase and sale of real estate
  • Agreement on the gift of real estate
  • Lifetime Support Agreement
  • Agreement on the distribution of property during life

Intellectual Property Right

  • Trademark protection
  • Patent
  • Copyright

Collection of Claims & Enforcement Procedures

Our law office provides legal assistance in the field of forced collection of claims
on various cases and means of enforcement.

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