Glossary / Tort Law

Damage calculation

Swiss damages are generally compensatory, not punitive. The usual method compares the injured person’s actual financial position after the harmful event with the hypothetical position they would have occupied without it. Recoverable loss may include repair costs, medical expenses, lost earnings, reduced earning capacity or consequential financial loss, provided causation and legal requirements are met. Benefits, mitigation, contributory conduct and uncertainties about future loss may affect the calculation or lead to judicial estimation.

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