Bodily injury: what can be claimed and how to calculate it: what to do under Georgian law

What to do

1. Grounds: whoever unlawfully, intentionally or negligently causes harm must compensate it (Civil Code Art. 992); several persons who caused the harm are jointly liable (Civil Code Art. 998); the victim’s fault reduces compensation (Civil Code Art. 415). Deadline: limitation — 3 years from when the victim learned of the harm or of the liable person (Civil Code Art. 1008).
2. Court and evidence: no state duty is paid on a claim for bodily injury (the plaintiff is exempt from court costs payable to the budget) (Civil Procedure Code Art. 46); the severity of the injury and its link to the event are established by a forensic medical examination — National Forensic Bureau named after L. Samkharauli, including at a citizen’s request (Regulation on the National Forensic Bureau Art. 12); keep the medical record from the first visit.
3. Expenses: treatment and retraining costs may be claimed in advance (Civil Code Art. 408) (a future operation — per the treatment plan); plus lost earnings (Civil Code Art. 411); foreseeable harm that is the direct consequence of the act is compensable (Civil Code Art. 412) — confirm each sum with a document.
4. Long-term consequences: on loss or reduction of working capacity, or an increase in needs (care) — monthly maintenance (სარჩო) (Civil Code Art. 408); instead of it — a lump-sum compensation for an important reason (Civil Code Art. 408).
5. Non-pecuniary damage: for bodily injury, non-pecuniary damage is also recoverable (Civil Code Art. 413) in the amount of “reasonable and fair” compensation (there are no tables) (Civil Code Art. 413) — justify it by the severity of the injury, the pain and the length of treatment.
6. Procedure: claim to the tortfeasor (and its insurer) → lawsuit. Where there is a court verdict or administrative ruling: harm from a crime or administrative offence — simplified lawsuit (Civil Procedure Code Art. 309¹⁶); it is examined within 1 month, and the fact of harm established by the verdict or ruling is deemed proven (Civil Procedure Code Art. 309²⁰).
7. Where to apply: tortfeasor and its insurer (claim); district (city) court.
8. Evidence: medical documents, receipts, treatment plan, income certificate, forensic medical examination, police ruling or verdict, witnesses.
9. Pitfalls: forgetting lost earnings, future expenses and non-pecuniary damage; not recording the injury right away; signing a “no claims” receipt before treatment is complete.

Be sure to check

• full list: treatment (including in advance), lost earnings, monthly maintenance on loss of working capacity, non-pecuniary damage
• evidence for each item; forensic medical examination
• the victim’s fault reduces compensation; joint liability of several tortfeasors
• 3-year limitation period; lawsuit without state duty; simplified procedure where there is a verdict or ruling