{"id":6907,"date":"2026-04-09T09:39:15","date_gmt":"2026-04-09T09:39:15","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6907"},"modified":"2026-10-31T12:23:15","modified_gmt":"2026-10-31T12:23:15","slug":"how-do-you-prove-that-you-were-victimized-and-what-damages-can-you-claim","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/cum-dovedesti-ca-ai-fost-vatamat-si-ce-despagubiri-poti-cere\/","title":{"rendered":"Non-pecuniary damages and material damages: what compensation you can claim"},"content":{"rendered":"

Compensation is not granted just because a person was wronged. To claim non-pecuniary damages and material damages<\/strong>, You must show what act or omission caused the damage, what consequences it had, and what connection there is between them. The exact conditions depend on the basis of liability: criminal or contractual.<\/p>\n

What needs to be proven<\/h2>\n

In tortious civil liability for one\u2019s own act, the unlawful act, the damage, the causal link and the guilt are usually analyzed, with the exceptions and presumptions provided by law. In the process, each party proves the arguments on which it bases its claim or defense, according to Article 249 of the Civil Procedure Code. Records, messages, photographs, witnesses, expert opinions, medical documents and other admissible means of evidence can be useful.<\/p>\n

In a case of bodily injury, keep the medical records, recommendations, and the duration of treatment, the recovery expenses, and the documents showing the effects on normal activities. In other litigations, the evidence is chosen according to the nature of the injury. Keep the original documents and record the events chronologically.<\/p>\n

Material damage: losses and expenses<\/h2>\n

Material damage can include actual loss, unrealized income, and reasonable expenses incurred to avoid or limit the damage. A future damage can be compensated if its occurrence is indisputable. The amount must be justified by appropriate evidence, such as invoices, receipts, contracts, extracts, medical records, or expert reports. The mere total calculated by the claimant does not by itself establish the value of the damage.<\/p>\n

The Civil Code provides for full repair, within the limits of the law. The repair is usually done in kind, by restoring the previous situation; if this is not possible or the victim does not wish it, a monetary compensation can be determined. See Articles 1381 and 1385\u20131386 of the Civil Code<\/a>.<\/p>\n

Non-pecuniary damages: how the claim is supported<\/h2>\n

Moral damages aim to achieve non-material values such as physical or psychological integrity, dignity, reputation, or privacy. There is no single fee. The court assesses the circumstances and proven consequences, their duration and intensity, as well as the applicable rules. In the situations provided for in Article 1391 of the Civil Code, they may include, for example, restricting the possibilities of family and social life after the harm to health or the damage suffered by relatives in the case of the victim\u2019s death. These examples do not mean that any claim will be accepted or that the requested amount will be awarded.<\/p>\n

Medical or psychological documents, witness statements, and records showing changes in the person\u2019s life can help explain the harm. The relevance of each piece of evidence depends on the concrete facts.<\/p>\n

If the damage comes from a contract<\/h2>\n

When the issue is the non-performance of a contractual obligation, the contract, the obligation breached, the justification for the non-performance and the effects produced must be analyzed. According to Articles 1530\u20131531 of the Civil Code, damages-interest aim at the harm that is the direct and necessary consequence of the non-performance without justification or culpability, under the law. For the delay in paying a sum of money, separate rules apply regarding the punitive damages.<\/p>\n

Practical steps before action<\/h2>\n