Civil law
Damages claims
§ 2894 et seq. of Act No. 89/2012 Coll.
Czech law compensates both actual loss and lost profit — but only for those who prove the harm, the breach and the link between them. A damages case is won in the first days, while the evidence is still alive.
What the law says
The Code distinguishes tort (§ 2910 — breach of statute) from breach of contract (§ 2913): the latter triggers liability without fault, excused only by an extraordinary insurmountable obstacle. That distinction defines what exactly you will be proving.
Recoverable are the actual loss and lost profit (§ 2952); for personal injury also non-pecuniary harm — pain, impaired social life. The subjective limitation period is three years from learning of the harm and the wrongdoer; the objective one is ten.
How the work runs
Step one is preserving evidence: photos and video before any repairs, witnesses, protocols, correspondence. The claim is quantified with an expert — courts do not award “by eye”.
Then the addressee: the insurer, the wrongdoer, sometimes both. A qualified notice with the calculation often closes the case without court; if not, a lawsuit follows with interest and costs, every item already supported.
Deadlines and pitfalls
The costliest early mistakes: repairing before documenting, oral “we’ll sort it out” deals without paper, and admitting fault on the spot. Each later costs a slice of the claim.
Frequently asked questions
My neighbours flooded my flat — who pays?
As a rule, whoever’s breach of duty caused the water: the occupant, the owner, sometimes the building manager — plus their liability insurance. We document the damage, establish the cause through a protocol and an expert report, and address the claim to the right person.
The insurer paid less than the real damage. Is that final?
No: the insurer’s calculation is a party’s position, not a verdict. We counter with an expert report and a notice; failing that, a lawsuit for the difference against the insurer or the wrongdoer. Limitation keeps running meanwhile — do not wait.
Is non-pecuniary harm compensated?
For personal injury and personality rights, yes: pain awards, impaired social life, dignity. In purely property disputes non-pecuniary compensation is the exception, not the rule.
Who pays for the expert report?
Initially the party ordering it; on success the cost shifts to the loser within recoverable expenses. A good report often pays for itself before trial — negotiations end with it.
The accident happened abroad. Whose law applies?
Usually the law of the place of the accident, with insurance routes through the green card system and insurers’ representatives. I map “who pays, where and under what law” before the first demand.
Contact
- Address
- Konviktská 291/24, Staré Město, 110 00 Praha 12 minutes' walk from Národní třída (metro B, trams)
- Phone
- +420 700 000 000
- kancelar@advokatpopov.cz
- Data box
- [data box ID]
- Consultations
- Mon–Fri 9.00–18.00in person, online or by phone — by appointment