Disputes Concerning Compensation for Damage to an Individual’s Property

Representing a client’s interests in judicial disputes is one of the most sought-after services provided by the “First Legal” Law Firm. In our opinion, one such dispute is a claim for compensation for damage caused to an individual’s property, as instances where property is harmed by the unlawful actions of third parties or other unforeseen circumstances are quite common.

By choosing the “First Legal” Law Firm, you gain a number of advantages:

• The “First Legal” Law Firm has been providing legal services since 2008;
• The specialists at our Firm have significant experience in representing clients in court;
• When providing legal assistance to a client, the “First Legal” Law Firm is guided solely by the priority of the client’s interests within the shortest possible timeframe for the client;
• At the client’s request, our Firm’s specialists can provide comprehensive support in court proceedings – from preparing the documents necessary for filing the claim to obtaining the court’s decision in the case.

In disputes related to compensating the owner of property for damages, it is necessary to note that the concept of damages encompasses:

• Real damages (actual losses): costs or harm incurred by an individual due to the destruction or damage to an item, as well as expenses the individual has made or must make to restore their violated right. In practice, these may include damage to your car as a result of a traffic accident, water damage to your home caused by a neighbor, damage to a home or other property caused by unauthorized alterations and/or repairs by third parties, or any use of property without appropriate legal grounds (lease agreement, etc.).
• Lost profits: income that an individual could realistically have received under ordinary circumstances if their right had not been violated. Thus, lost profits may include situations where a property (for example, someone else’s land plot) is used without proper legal grounds (without a lease agreement, etc.).

Furthermore, the current legislation of Ukraine provides for a presumption of full compensation for incurred losses. According to Article 1166 of the Civil Code of Ukraine, property damage caused by unlawful decisions, actions, or omissions affecting the personal non-property rights of an individual or legal entity, as well as damage caused to the property of an individual or legal entity, must be compensated in full by the person who caused it.

Hence, an individual who has suffered property damage resulting from the wrongful actions of third parties has the right to independently determine the extent of such damages, i.e., whether it will consist solely of real damages or lost profits, or both real damages and lost profits. In any case, each situation is unique and requires prior analysis, a detailed study by specialists, and the development of a strategy for further action based on the specific circumstances.

The “First Legal” Law Firm offers the following range of services to represent a client’s interests during disputes related to the compensation for damage caused to an individual’s property:

• Legal analysis of the situation, consultations (oral or written), and formation of a legal position;
• Collection and/or search for evidence to properly protect the client’s interests, in particular by sending attorney requests;
• Preparation of a document package for filing a civil claim in court;
• Drafting a civil lawsuit for compensation of damages caused to the client’s property;
• Court representation of the client’s interests during the first-instance court’s consideration of the claim, including participation in court hearings and preparation of the necessary procedural documents for the successful consideration of the case in court, etc.;
• If the client so desires, support in enforcing the court’s decision and representation of the client’s interests during enforcement proceedings.

If necessary, our specialists also represent the client’s interests in the appellate and/or cassation courts.

By contacting the “First Legal” Law Firm, the client entrusts the resolution of their issues to professionals with significant experience in court representation, enabling the most effective protection of the client’s violated rights in light of the latest judicial practice, especially regarding the compensation of damages resulting from harm to the client’s property.