Compensation and damages claims in Poland
Compensation and damages claims in Poland require more than proof that an adverse event occurred. A claimant must identify the legal basis of liability, show the amount of loss and establish a causal link between the conduct and the damage. In business cases, this often involves lost profits, contractual settlements and financial records. In personal injury matters, the effects on health, work and everyday life must also be documented.
Tomasz Piotr Chudzinski & Partners Law Firm conducts complex compensation cases for businesses and individuals. We focus on matters that require a detailed review of documents, expert evidence or the coordination of several legal bases. We do not concentrate on high-volume, low-value consumer claims.
Before proceedings begin, we assess the available evidence, the realistic economic outcome, the likely cost of expert work and the solvency of the liable party. This allows the client to understand both the legal basis of the claim and the practical risks of pursuing it.
What compensation and damages claims in Poland may cover
We advise and represent clients in matters concerning:
- loss caused by non-performance or defective performance of a contract;
- business interruption, loss of profit and damage to an enterprise;
- disputes with insurers about the scope or amount of an indemnity payment;
- defective products, services, construction work or professional services;
- damage to property, buildings, infrastructure, machinery or rolling stock;
- medical matters requiring the review of records and expert opinions;
- compensation for serious personal injury and non-pecuniary harm;
- loss resulting from a criminal offence or unlawful action by a public authority.
Each claim is subject to its own conditions and limitation periods. At the outset, we identify the correct liability regime and any event that may have interrupted or suspended the limitation period.
How we pursue compensation and damages claims in Poland
Analysis of the legal basis of liability
We examine the contract, statutory rules, the parties’ conduct and any circumstances that may exclude or limit liability. In contractual cases, the review covers the scope of obligations, acceptance of work, defect notices, contractual penalties, liability caps and exclusion clauses.
For non-contractual claims, we establish the event, unlawfulness, fault and the other statutory requirements. Where liability is strict or based on a special statutory rule, we explain how that affects the burden of proof and available defences.
Calculation of actual loss and lost profits
We organise invoices, valuations, accounting data, repair records and expert reports. Actual loss must be separated from expenditure unrelated to the event. Lost profits require a credible model showing what would probably have happened if the breach or damaging event had not occurred.
In larger cases, we define the questions for a surveyor, engineer, medical expert or financial expert. Before a claim is filed, the available data should be tested to determine whether the selected method of calculation can be defended in court.
Damages for breach of contract
We represent parties that have suffered loss because of delay, defective performance, refusal to perform or premature termination of cooperation. We also analyse contractual penalties, the duty to mitigate loss and any contribution by the injured party.
A damages claim may accompany a claim for payment, performance or termination of the agreement. It should therefore be planned as part of the overall strategy for a commercial dispute in Poland.
Disputes with insurers
We analyse the policy, insurance terms, notification of the loss and the insurer’s decision. We then prepare an appeal, conduct negotiations or pursue an additional payment in court. The review covers exclusions, the insured party’s duties, the valuation method and reasonable reinstatement costs.
For businesses, the claim may involve business interruption, damage to machinery or property, or civil liability to a third party. The amount sought must correspond to the specific risk covered by the policy.
Medical injury and liability of healthcare providers
We act in matters concerning diagnosis, treatment, organisation of medical services and medical records. Subject to a conflict check, we may represent an injured person or defend a doctor or healthcare provider.
These cases usually require expert evidence and a clear distinction between the consequences of the underlying illness and the alleged act or omission. Medical records should be sent only through an agreed secure channel and only after the necessary conflict check.
Damage to real estate and investment projects
We pursue claims relating to defects, water damage, fire, delay and defective construction work. Depending on the case, liability may rest with a contractor, designer, property manager, insurer or another participant in the project.
For housing communities, we also determine who owns the claim and whether resolutions or assignments are required. Related services are described on our page about housing communities and real estate law in Poland.
Compensation for personal injury and non-pecuniary harm
Compensation for non-pecuniary harm addresses pain, suffering and other personal consequences. Evidence should show how the event affected health, daily functioning, work and family life. The amount must reflect the individual consequences rather than the name of the injury alone.
In serious cases, the analysis may also cover a pension, care costs, treatment, rehabilitation and loss of earning capacity. Each component requires its own factual and legal justification.
Interim measures and enforcement
If the liable party may dispose of assets or become insolvent, we assess whether an interim measure is available. The application should identify the claim, the legal interest in protection and a proportionate form of security.
After judgment, we can coordinate enforcement and assess other possible sources of liability. In company matters, this may include a separate claim against persons responsible for unpaid corporate debts where the statutory conditions are met.
How a compensation matter begins
- Event, loss and deadlines. The initial description should identify what happened, when it happened, the potentially liable party, the approximate value and any pending deadline.
- Documents and evidence. After a conflict check, we provide a list of materials. It usually includes contracts, correspondence, photographs, valuations, decisions and proof of costs.
- Economic assessment and strategy. We compare the value of the claim with evidential cost, duration and litigation risk. We then recommend a demand, negotiation, interim measure or proceedings.
- Proceedings and recovery. We conduct written submissions, hearings and expert evidence. After the decision, we plan enforcement or implementation of a settlement.
When to seek legal advice
Early advice is particularly important when the loss has a material value or affects business operations, several parties may be responsible, the insurer has reduced or refused payment, expert evidence will be needed, lost profits form part of the claim, a limitation deadline is approaching, or the debtor is disposing of assets.
It is also useful when the claim is connected with parallel criminal, regulatory or administrative proceedings. Coordination can reduce inconsistent statements and preserve evidence that will be needed later.
Frequently asked questions
Does every loss give rise to a compensation claim?
No. The claimant must establish an appropriate legal basis, the required elements of liability, causation and the amount of loss. Contractual exclusions, contribution by the injured party and limitation periods may also affect the result.
How can lost profits be proved?
The evidence must show a realistic rather than purely hypothetical scenario. It may include previous results, orders, production capacity, contracts and financial analysis. The method depends on the business model and the event that caused the loss.
Is a private expert report required before proceedings?
Not in every case. However, an initial technical, medical or financial opinion may help assess the basis and value of the claim. In court, the decisive expert evidence will usually be given by an expert appointed in the proceedings.
Can damages be claimed in addition to a contractual penalty?
That depends on the contract and the basis of the claim. The agreement must be checked to see whether damages above the penalty are permitted and which breach the penalty covers. The court may also have power to reduce an excessive penalty.
Does the Law Firm accept every compensation matter?
No. We assess the value, complexity, evidence, expected costs and possible conflicts. Priority is given to cases of significant business or personal importance that require a full legal analysis and representation.
Request an assessment of a compensation claim
Use our contact form to describe the event, the potentially liable party, the type and approximate value of the loss, the current stage and the nearest deadline. After qualification, we will identify the documents required for the analysis and the possible scope of representation.
General information about our work is available on the legal services in Poland page. Polish rules on civil liability can be checked in the current Civil Code.
