Compensation Claims Arising from Torts in Greece – What the Law Provides and When You May Claim Compensation
Compensation claims arising from torts constitute an important legal means of protecting individuals when they suffer damage as a result of another person’s unlawful and culpable conduct. Greek civil law provides that anyone who unlawfully and culpably causes damage to another person is, in principle, obliged to restore the damage caused.
A compensation claim arising from a tort is the main legal remedy through which the injured party may seek financial redress for the damage suffered. Such cases are quite common in everyday life and may concern road traffic accidents, professional negligence, infringement of personality rights, bodily injury, or even financial loss caused by unlawful acts.
According to Article 216 para. 1 of the Greek Code of Civil Procedure, the statement of claim must include, in addition to the general elements required for every pleading (as provided in Articles 117 and 118 GCCP), certain additional essential elements ensuring its clarity and completeness. Specifically, the claim must contain a clear and specific statement of the factual circumstances establishing the claimant’s right and justifying the bringing of the claim against the defendant. At the same time, the subject matter of the dispute must be described precisely, and a clear and definite request must be addressed to the court, so that it is evident what exact judicial protection is being sought.
This requirement serves a dual purpose. On the one hand, it enables the defendant to know clearly the allegations raised against them, so as to prepare their defence effectively, by raising objections or disputing the factual circumstances invoked by the claimant. On the other hand, it allows the court to assess the case legally, determine the scope of the evidentiary process, and form a proper judicial judgment on the basis of the facts placed before it.
More specifically, the statement of claim must set out all the essential factual circumstances required by the applicable rule of law in order to establish the right relied upon by the claimant. This principle is known in legal theory as the “theory of specific or substantive pleading”, according to which the claim must include the basic factual data that activate the rule of law and lead to the legal consequence sought. However, no extensive theoretical analysis of legal concepts is required; it is sufficient to set out the key facts enabling the court to ascertain whether the legal requirements are fulfilled and allowing the defendant to organise their defence effectively.
If the claim does not contain these necessary elements and is unclear as to the factual circumstances or the request made, it may be considered vague or insufficiently specified and may be dismissed as inadmissible. The absence of the essential elements of the pleading cannot, in principle, be remedied by subsequent written submissions, by an additional pleading, or by a mere reference to other documents or evidence. For this reason, the clarity and completeness of the claim must already appear from the initial statement of claim. Compliance with these procedural requirements is reviewed by the court before it proceeds to examine the substance of the case.
What Is a Tort?
According to the Greek Civil Code, a tort exists when a person causes damage to another person through an unlawful and culpable act or omission. In order for a tort to be established, certain requirements must be met.
The basic requirements are:
- unlawful conduct
- fault (intent or negligence)
- occurrence of damage
- causal link between the act and the damage
Put simply, it must be proven that the damage was caused by a specific unlawful act or omission of a particular person.
When Can a Compensation Claim Be Filed?
A compensation claim may be filed when a person has suffered pecuniary damage or moral harm as a result of another person’s unlawful and culpable conduct.
Examples of cases in which such a claim may be brought include:
- road traffic accidents
- medical negligence
- workplace accidents
- infringement of personality rights (defamation, slander)
- unlawful use of intellectual property
- financial loss caused by unfair practices
- accidents in public spaces
In all these cases, the injured party may seek compensation for the damage suffered.
What Types of Compensation May Be Claimed?
The compensation that may be sought through a claim depends on the nature and extent of the damage.
Pecuniary Damage
This refers to any financial loss suffered by the injured party.
Examples include:
- hospitalisation expenses
- cost of repairing property
- loss of income
- medical expenses
- damage to assets
Moral Harm
Moral harm concerns the mental distress, pain, and discomfort suffered by the injured party as a result of the unlawful act.
In such cases, the court may award reasonable monetary satisfaction for moral harm.
Mental Anguish
In cases of serious incidents, such as the death of a person, close family members may claim monetary satisfaction due to mental anguish.
Procedure for Filing a Compensation Claim
The procedure begins with the preparation and filing of a claim before the competent court.
The main stages are:
- Collection of evidence
- Legal assessment of the case
- Drafting of the statement of claim
- Filing before the competent court
- Hearing of the case
Evidence plays an important role, such as:
- witnesses
- medical reports
- photographs
- expert opinions
- documents
The stronger the evidence of the damage and of the tortfeasor’s liability, the greater the chances of success of the claim.
Limitation Period for the Compensation Claim
A compensation claim cannot be brought indefinitely in time, as it is subject to specific limitation rules.
According to the general rule of the Greek Civil Code:
- the compensation claim is time-barred five years from the time when the injured party became aware of the damage and of the person liable to compensate
- in any event, the limitation period is completed after the lapse of twenty years from the act
Obtaining timely legal advice is particularly important so that the right to claim is not lost.
How Is the Amount of Compensation Determined?
The amount of compensation is determined by the court after evaluating the facts of the case.
The following are taken into account:
- the seriousness of the damage
- the financial losses
- the medical expenses
- the duration of recovery
- the mental suffering of the injured party
Each case is examined individually, and the amount of compensation may vary significantly depending on the circumstances.
The Importance of Proper Legal Support
The success of a compensation claim depends to a great extent on the proper legal preparation and substantiation of the case.
A specialised lawyer can:
- evaluate the case
- gather the necessary evidence
- calculate the amount of compensation
- represent the client effectively before the court
The right legal strategy significantly increases the chances of success of the claim.
Frequently Asked Questions (FAQ)
What is considered a tort?
A tort is any unlawful and culpable act or omission that causes damage to another person.
Who may file a compensation claim?
Any person who has suffered pecuniary damage or moral harm as a result of another person’s unlawful act.
Can I claim monetary satisfaction for moral harm?
Yes. The court may award reasonable monetary satisfaction for the moral harm suffered by the injured party.
How long does it take for a compensation claim to be heard?
The time required depends on the court and the complexity of the case. Usually, it may take several months or even years.
What evidence is required?
Depending on the case, witnesses, medical reports, documents, photographs, or expert opinions may be required.
Must an extrajudicial procedure be preceded?
In certain cases, an out-of-court settlement attempt or the service of a formal notice may be made beforehand, although this does not constitute a general rule for every compensation claim arising from a tort.
Compensation claims arising from torts are a fundamental mechanism for the protection of individual rights and ensure that anyone who causes damage to another person assumes responsibility for their actions. Proper information and timely legal guidance can contribute decisively to the successful recovery of the damage and, where applicable, the monetary satisfaction to which the injured party is entitled.
This article is provided for informational purposes only and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For tailored legal advice, please contact our law firm.
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