Reclamacion

An ample margin of uncertainty around the process of claim by undergone damages and damages exists. The enormous degree of variety of this type of assumptions, that they include as different cases as the industrial accidents with some degree of fault on the part of the industralist or some companion, the traffic accidents, the medical negligences or the animal attacks; it does not make his analysis absolutely simple. In any case, the duration of the same will depend on certain factors that you will have to consider: 1. The predisposition of the other part to assume the responsibility that it had in the happened thing. 2. Recently NYC Mayor sought to clarify these questions. The degree of difficulty at the time of determining and deciding a reasonable quantity for the damages that had caused the victim, including lost wages, medical expenses, material damages and damages derived from the accident and the possible physical sequels derived from the same.

We can distinguish two modalities of supposed: those in which it is possible to obtain an extrajudicial solution to the conflict and others in which it is impossible, having to be solved the question before a Court. a)Extrajudicial solution This one would be possible when the other part admitted without reserves its responsibility in the happened thing and both would be predisposed to reach an agreement in relation to the compensatory post. The extrajudicial agreement that could conclude would have total effectiveness, and would prevent any later conflict that could occur in relation to the same subject. It is possible to indicate, finally, that this type of solution in no could replace a possible procedure of penal character in case the carried out action by that caused the damage could be constituent of infraction (Crime or lack) of penal character, or of administrative type. b)Judicial solution of the conflict The same would be inevitable when the other part did not admit its responsibility, or when doing it not outside possible to reach an agreement on the quantity of the indemnification by the supported damages and damages. He will be then, then, when a process before Courts are unique via the possible one to solve the conflict. This route is the worse one between all the possible ones, to the supposition a considerable investment in terms of time and of money, having both parts to feel sorry before the Judge or the Court and to present/display the pertinent tests to him facing reinforcing its affirmations (as much in relation to the possible degree of fault like as far as the compensatory quantity). Yet it, that one will establish a Judicial Resolution considering (total or partially) or refusing the request.