Civil Lawsuits for damages seek to redress damages but do not not seek to issue sanctions. Consequently, through these claims, the creditor or the victim demands repairs for the damages caused or an amount of money from the debtor or party responsible for the damages. The amount of money in question is based on the benefits that the plaintiff would have received if compliance would have been met.
According to article 1382, of the Dominican Civil Code: “any act carried out by an individual that causes harm to another, obliges the party who was responsible for said damages, to redress the situation”
Therefore, according to the aforementioned article, the following requirements need to be met, in order to be able to request compensation:
- There needs to be non-compliance
- Compliance cannot be fulfilled specifically
- Damages or losses must have occurred
- An existing causal link
It would be helpful to keep in mind that that the damages an individual may cause can be financial or emotional in nature. Financial damages are the negative consequences which affect the assets of an individual. Conversely, emotional damages are pain and suffering, which are considered moral damage and require compensation.
In these type of proceedings it is very common for the parties to reach an agreement without having to go to court. However, if the other party has a lawyer, that lawyer will not act as a neutral person and their job will be protecting their client’s interests, not yours, which means that they cannot give you legal advice.
On the other hand, there is also the possibility that neither party has legal representation, in which case it would be useful to seek advice from a specialized lawyer, who can help you reach this extrajudicial agreement. Having legal representation, would prevent you from being intimidated by anything that involves a negotiation of this nature and at the same time, it would make it more likely for you and the other party to reach an agreement, which benefits both parties.
Based on the aforementioned information, our firm will assist you regarding compensation for damages and losses suffered, both material or moral in nature.