Indemnity actions
- Indemnity actions, as their name implies, aim to compensate the injured party, whether in material or immaterial form.
- In material form, these would be the so-called material damages suffered by the party, such as in the case of a traffic accident where the person suffers total or partial loss of their vehicle or has significant material damages due to being injured in such an accident. Another form of material damage would be the purchase of a movable or immovable property where a hidden defect was detected, causing financial loss to the party. Additionally, unjustified breach of a contract where the other party simply fails to disclose a detrimental fact to the contractor, ceasing communication while already in possession of the contractor's funds, which today translates into a form of fraud or scam, among others.
- In immaterial form, these are the so-called moral damages, which are those damages suffered that directly affect the person's "morale," honor, and image. This occurs in many examples where, in addition to the material damages described above, the person also experiences moral damages arising from the material ones, such as suffering, pain, humiliation, and injustice from being deceived, which directly impacted their morale and changed their living condition in some way. In some cases, these damages, depending on who experienced them, such as an elderly person or someone with a disability or illness, may have caused permanent and irreversible consequences to their condition, which can increase the value of the moral damage, where each case will be evaluated individually.
- In any case, this list includes the so-called love scams where the victim makes transfers to third parties who they believe to be romantically involved with, but who are actually only interested in the financial advantage they can gain. In these cases, having proof of the scam and possibly other crimes, as well as knowing the whereabouts of the offender, it is possible to file a lawsuit against them with the aim of obtaining compensation for moral and material damages.
- As can be seen, indemnity cases are very common and extensive, and the injured party can and should seek to obtain compensation for all suffered damages through the Judiciary. At Legnare Duarte Advogados, we are available to assist you with this matter.