The amount of monetary benefits for non-material damage: Orientation criteria of the Supreme Court.
If you suffered physical or mental pain due to a traffic accident, you have the right to a non-material damage fee. In most cases, the fee amount shall be determined in accordance with the orientation criteria made by the Supreme Court. Therefore, we think that all traffic participants have to know these criteria in order to be aware of their role and responsibility in traffic.
At the end of 2002, the Supreme Court of the Republic of Croatia made the orientation criteria in order to determine the amount of legal fees intended for non-material damage. Main motivation of the Supreme Court was the standardization of the application of the Article of the Law on Obligations referring to non-material damage fee.
However, as the Supreme Court said, these are orientation criteria. This means that they are not formulas for automatic calculation of legal financial fee. As the Supreme Court advised, while applying this regulation, courts have to take all circumstances of the case into consideration. Physical and mental pain and fears length and strength are of extreme importance. However, these are not the only circumstances which need to be taken into consideration.
Physical Pain
Orientation criteria and amounts of damage fee for physical pain are as follows: strong pains – 370 kn per day, average pain 220 kn per day and small pain 70 kn per day.
Fear Fee
The orientation criteria recommends a fear fee from 2 200 to 30 000 kuna
Mental pain due to reduced life activity
Reduced life activity as a special basis for damage fee caused by mental pain, includes all limitations in life activities which a person might or would probably have in his/her regular life. Limitation also means performing activity with greater effort or under special conditions.
| Up to 25% | 7.500,00 kn | For every 10% |
| from 25 to 40% | 11.000,00 kn | For every 10% |
| from 40 to 60% | 22.000,00 kn | For every 10% |
| from 60 to 80% | 45.000,00 kn | For every 10% |
| from 80 to 100% | 75.000,00 kn | For every 10% |
Life age, profession and similar criteria also need to be considered.
Mental pain due to disfigurement
Amounts of mental pain fee range as follows: high degree from 22 000 to 37 000 kn (depending whether they are visible only sometimes or are very visible to the third persons), middle degree from 11 000 to 22 000 kn and small degree from 2 500 to 5 000 kn.
As mentioned in previous cases, there is a possibility of applying additional criteria which refer to age, profession and similar.
Mental pain due to the death of a close relative or severe disability
In case of the death of marital and common-law partner or a child, a fee of 220 000 kn is recommended in accordance with the orientation criteria. In case when the parents lose a child, they can receive an amount of 75 000 kn. In case when a parent dies, a child can receive a fee in the amount of 150 000 kn. In case of another parent’s death, a child can receive 220 000 kn if a child was within this parent’s care.
The amount of 220 000 kn is also maximal amount defined within Supreme Court orientation criteria.
In case of a severe disability of a marital or common law partner or child, an amount of 220 000 kn is recommended as well as same fees which are defined in case of a death and which are the right of a child whose parents died in a traffic accident.
