Original (in Estonian): Triin Roos, "100 000 ON ÕIGLANE ⟩ Vandeadvokaat Olavi-Jüri Luik: hüvitise määramisel tuleb arvestada elukalliduse tõusuga", Elu24 (Postimees), 31 January 2024. Read the article
Date note: the date of this post (31 January 2024) is the date of the original publication. This English summary was written for this website in 2026.
Elu24 asked Olavi-Jüri Luik, counsel for a young woman who suffered life-threatening injuries in a dog attack, to comment on a judgment awarding her EUR 100,000 for non-pecuniary loss. Critics had argued that the amount was too high for Estonia.
Key points
Luik considered that the award was consistent with both general living standards and case law, noting that Estonian courts had previously awarded more than EUR 100,000. The judgment was not an attempt to shake society but the normal legal consequence of such conduct. Rising prices and cost of living must be taken into account: awards from years ago are not a yardstick for today's harm.
Why it matters
In serious personal injury cases, non-pecuniary loss is compensated under § 134(2) of the Law of Obligations Act (võlaõigusseadus, VÕS) as a fair sum determined by the court on the facts. The statute sets no figures, so each significant judgment influences future award levels, including in liability insurance, where the insurer pays within the insured's liability. Insurers and policyholders should check limits and any sub-limits accordingly.