Compensation for Damages in Civil Proceedings

Article 1635 of the Civil Code provides that any infringement of rights, that is, any act that is unlawful in and of itself and results in harm (including moral harm), entitles the victim to seek redress from the wrongdoer to the extent that the wrongdoer can be held liable for that act.

If you have suffered harm, such as bodily injury, moral harm, or material loss, you may bring a lawsuit against the person who caused the harm to seek compensation for the harm suffered.

Who can claim compensation

• Natural or legal persons who have suffered legal harm (emotional distress, physical suffering, or financial loss).
• Persons whose rights or legitimate interests have been infringed as a result of the offense.
• The right to file a lawsuit to defend one’s infringed or disputed civil rights belongs to persons who have legal capacity in civil proceedings. (Article 127 of the CPL)

Which court to file a claim with

• A claim against a natural person is filed in the court of the person’s declared place of residence. (Article 26, Paragraph 1 of the CPL)
• Natural and legal persons may obtain information from the Register of Natural Persons regarding another person’s residential address from the Office of Citizenship and Migration Affairs upon submission of a reasoned application. (Office of Citizenship and Migration Affairs)
• A claim against a defendant who has no declared place of residence must be filed at his or her place of residence. (Article 27, Paragraph 1 of the CPL)
• A claim against a defendant whose place of residence is unknown or who does not have a permanent place of residence in Latvia shall be filed at the location of his or her real property or at his or her last known place of residence. (Article 27, Paragraph 2 of the CPL)
• A claim against a legal entity shall be filed in court based on its registered address. (Article 26, Paragraph 2 of the CPL) A claim arising from the activities of a branch or representative office of a legal entity may also be filed in court based on the registered address of the branch or representative office. (Article 28 of the CPL)
• A claim against multiple defendants who reside or are located in different places may be filed based on the declared place of residence or registered office of one defendant.

What Must Be Included in the Statement of Claim

• the name of the court to which the claim is addressed;
• the claimant’s details;
• the defendant’s details;
• the subject matter of the claim;
• the amount of the claim, if the claim is quantifiable in monetary terms, as well as a calculation of the amount to be recovered or disputed;
• the circumstances on which the plaintiff bases their claim and the evidence supporting them;
• as well as other information specified in Article 128 of the CPL.

Exempt from payment of court fees into state revenue

• Claimants — in claims arising from personal injuries resulting in disfigurement or other health impairment or the death of a person.
• Plaintiffs — in claims for compensation for losses and non-pecuniary harm resulting from a criminal offense or an administrative violation.
• Applicants — for temporary protection against violence.
• A party receiving state-provided legal aid in the case.
• The court or judge, taking into account the person’s financial circumstances, fully or partially exempts them from paying court costs to the state treasury or defers payment of court costs.
• As well as others mentioned in Article 43 of the CPL.

How the amount of compensation is determined

• The court evaluates all evidence regarding the harm caused and determines compensation for pecuniary and non-pecuniary harm.
• Compensation may be in the form of money or other forms (e.g., reimbursement of losses, coverage of losses).
• The court may also award compensation for moral harm for suffering caused by an unlawful act.

Participation in proceedings and representation

Individuals may conduct their cases in court themselves or through authorized representatives. (Article 82 of the Civil Procedure Law)

• The plaintiff may be represented by an attorney or a legal representative.
• A minor or a person under special protection participates in the proceedings through a legal representative.

Role of the Court

• The court assesses whether harm has occurred and the extent of such harm.
• It then issues a judgment regarding compensation for the harm.
• Compensation is paid by the liable party or through the enforcement of their property.