Judicial recognition of damages is an essential aspect of the legal system, as it seeks to compensate victims for the damages suffered. In Panamá, there are various types of damages that can be recognized by the courts, and the calculation of compensation can vary depending on the nature and severity of the damage. In this article, we will analyze the types of damages that are judicially recognized in Panamá and how the corresponding compensation is calculated.

Types of Damages Recognized in Panamá:

  1. Material Damage: Also known as consequential damage, it includes specific economic damages suffered by the victim, such as loss of income, medical expenses, property damage or other expenses that can be quantified in monetary terms.
  • Moral Damage: Refers to the suffering, emotional pain, anguish or humiliation that the victim has experienced due to the negligent or harmful action of the person responsible. This type of damage is more subjective and difficult to quantify, since it is not based on tangible factors.
  • Loss of Profits: Refers to future earnings or benefits that the victim will no longer receive due to the damage suffered.

Loss of Profits: Refers to future earnings or benefits that the victim will no longer receive due to the damage suffered. Furthermore, in other latitudes there are also those known as “Punitive Damages”, in which in cases of serious negligence or willful misconduct, courts can order the payment of high and additional damages, specifically to discourage future similar conduct and punish the person responsible.

Calculation of Damage

Damage. The calculation of damages in Panamá can be complex, since it involves an objective assessment of the damages suffered by the victim. Some factors that courts may consider when calculating compensation include:

  1. Documentary Evidence: Documents and invoices supporting medical expenses, loss of income, and other property damages will be evaluated to calculate accurate compensation.
  • Expert Reports: In some cases, courts may request expert reports to help quantify certain damages, such as cosmetic damage or property damage.
  • Comparison of Previous Cases: Courts can take into account previous judicial decisions in similar cases to determine appropriate compensation amounts.
  • Severity of Damage: The severity of the damage suffered by the victim will be a determining factor in the calculation of compensation.
  • Special Calculations: In some cases, special calculations can be applied, such as the multiplier method to calculate lost earnings, which takes into account the age and life expectancy of the victim.

It is important that the legal system ensures a fair and adequate assessment of damages to ensure appropriate compensation for victims. Justice and equity in the reparation of harm are fundamental to promoting confidence in the legal system and to ensuring that victims receive the compensation they deserve; Therefore, our specialists in the litigation department are at your service if, as a result of fraud, fault or negligence of any third party, you have suffered damage that you are interested in quantifying and claiming appropriately.

Note: For more information write to arze@lacgrp.com


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