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Damage is the damage or impairment suffered by the patrimony or interests of an economic agent. This, by action or omission of another person (natural or legal).

In other words, the assets, rights or plans of an individual or company can be damaged. Said affectation can usually be calculated in economic terms.

The concept of damage is important for civil law because it is used in relation to civil liability. In this area, the damage refers to the damages that may be generated to third parties.

For example, the driver of a car must be liable for damage caused to another vehicle after a speeding crash.

In that sense, we must remember that civil liability insurance exists. These cover the expenses that the insured would have to incur in the event of causing harm to another.

Another issue to take into account is that damage can also refer to impairment in the future ability to generate income or profits. For example, when an individual suffers an accident that leaves him unable to work for at least half a year.

Types of damage

Damages can be classified into two, according to intent:

  • Painful: It was caused on purpose. That is, there was the objective of causing harm. For example, when a person loses their money by being the victim of a scam.
  • Guilty: When there was negligence or carelessness involved. That is, there was no intention on the part of who caused the damage. For example, if an individual accidentally starts a fire that damages the property of his neighbors.

It should be noted that intentional damage is more serious than culpable damage, thus incurring more serious (even criminal) consequences. Thus, whoever generates the damage will have to spend more years in jail and / or will have to pay a greater civil compensation to the affected party.

Likewise, depending on whether or not there is a possibility of repairing the damaged property, two categories can be distinguished:

  • Non-pecuniary damage: It is one that cannot be replaced with financial compensation, such as the loss of a loved one.
  • Property damage: It can be repaired with money or goods that replace the affected property.

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