Exercise of the Right to Apply to the Court under the Code of Civil Procedure
The Supreme Court of Lithuania has rightly pointed out that the right to apply to a court, as enshrined in Article 30 of the Constitution, cannot be interpreted as the right to apply to the court in any manner whatsoever. Like other subjective rights, this right must be exercised in accordance with procedures established by law. According to the Code of Civil Procedure, this right is exercised by filing a claim. The claim submitted to the court must comply with the general requirements for the content of procedural documents.
The claim must include:
- The amount of the claim, if the claim must be valued;
- The circumstances on which the claimant bases their demand (the factual basis of the claim);
- The evidence supporting the circumstances presented by the claimant, the residence of witnesses, and the location of other evidence;
- The claimant’s demand (subject of the claim);
- The claimant’s opinion on issuing a default judgment if no response or preparatory procedural document is submitted in the case;
- Information on whether the case will be conducted through a lawyer.
Documents and other evidence substantiating the claimant’s demands must be attached to the claim, as well as proof that the stamp duty has been paid, and motions to obtain evidence that the claimant cannot submit, indicating the reasons why such evidence cannot be provided.
Claim for Compensation of Damage
Injury to a person’s health imposes an obligation on the liable party to compensate for the damage. This right is exercised by filing a claim for compensation. An individual may be compensated for both pecuniary and non-pecuniary damage. Damage includes the loss or destruction of a person’s property, expenses incurred (direct losses), and also loss of income that the person would have received if the unlawful actions had not occurred. Non-pecuniary damage includes physical pain, emotional suffering, inconvenience, emotional shock, psychological depression, humiliation, damage to reputation, reduced social interaction, and other forms of distress, which are assessed by the court in monetary terms.
A person who is responsible for harming another person’s health must compensate both the material losses and non-pecuniary (emotional) damage. If, after a decision on compensation has been made, the victim’s health deteriorates, they have the right to file a claim for additional compensation, except in cases where the damage has already been compensated by a specific lump-sum payment.
A person claiming compensation for losses incurred due to health injury must submit to the court the necessary evidence proving the occurrence of expenses related to the injury (receipts, invoices for medical treatment, care, medication, etc.), as well as evidence on the person’s lost income that would have been received had the health injury not occurred (documents confirming incapacity for work, documents showing the amount of the person’s salary, etc.).
We prepare claims for damage caused to health.