Preliminary communication
THE DETERMINATION OF THE COMPENSATION RIGHTS IN THE FORM OF ANNUITY TO A MINOR OR UNEMPLOYED INJURED PARTY
Jasmina Đokić
orcid.org/0000-0003-3835-5643
; Adriatic insurance, Sarajevo
Davor Martinović
; The Law firm Martinović & Partners
Abstract
Compensation in the form of an annuity is determined and awarded in cases provided by law for death, bodily injury or infringement of health. Injuries or health disorders often lead to incapacity for work, and thus the loss of various property benefits. The authors deal with the issue of determi- ning the right to compensation in the form of monetary annuity of a minor or unemployed injured party. Damages may relate to lost earnings when the injured party is completely or partially inca- pable of work or his/her needs are permanently increased or his/her opportunities for advancement are destroyed or limited. The subject of this paper is to determine the right to compensation to an injured party who at the time of damage has not make any earnings nor other income from his/ her own work.
When, as a result of a harmful act, the work and advancement of an injured person who was not previously been in the process of work is disabled, and compensation is claimed, we come to many question. Some of them are whether that person would work at all, what job he/she would do and how that work would be valued if his/her life took place in the usual course. From the point of view of compensation, it is necessary to establish under what conditions a person can exercise the right to an annuity as compensation for damage due to lost earnings.
Keywords
damages; monetary annuity; minor or unemployed injured party; lost profits.
Hrčak ID:
278772
URI
Publication date:
3.6.2022.
Visits: 1.950 *