Recenzija, Prikaz slučaja
The Statute of Limitations in the Case of Personal Injury of a Crew Member
Vesna Skorupan Wolff
Sažetak
The beginning of the statute of limitations is related to awareness of the loss, which includes knowledge of the extent of the loss. The statute of limitations starts to run when the treatment is completed, and the injured party’s (plaintiff’s) condition is stabilised. Given that the treatment of the injury does not last indefinitely, but ends at the moment the permanent consequences are defined, in the specific case it is disputed when the plaintiff’s permanent health condition occurred as a result of the accident in question. It is questioned whether the recommended and performed medical rehabilitation, in the sense of physical therapy, was important for the continuation of the plaintiff’s treatment, or whether the permanent condition occurred before that, so the therapy treated the permanent consequences that had already occurred. Therefore, the court should answer the question of whether the plaintiff’s condition changed in the period between the two physical therapies, and if so to what extent, and this could have had an impact on the decisive moment of the onset of the plaintiff’s permanent health condition as a consequence of the accident in question. The plaintiff filed a claim for compensation of damage for various forms of material and non-material damage. When it comes to damages caused by physical injury, they should be distinguished – considering the different types of consequences of damage and the difference in time when the injured party could have become aware of certain types of damage – material and non-material forms of damage. The time of the completion of treatment is not the exclusive and only relevant fact for determining the moment of awareness of each of these types of damage.
Ključne riječi
Hrčak ID:
341014
URI
Datum izdavanja:
12.12.2025.
Posjeta: 357 *