Tort Law

Damages can be broadly classified into two categories: material and moral damages.

• Material damages also known as property damages, encompass any unfair reduction in a person's assets, both current and future, due to the injury. Examples of such damages include: Past and future expenses incurred for the care of the injury. Damage to personal property (costs associated with repair or replacement). Medical expenses (in cases of personal injury). Loss of expected income (resulting from temporary or permanent inability to work due to injury or breach of contract). Loss of support (in the event of the death of family members)
• Moral damages refer to the profound emotional suffering experienced by the victim as a consequence of the injury. Examples of these damages include: Psychological trauma arising from bodily injuries (e.g., following an accident or professional negligence). Emotional distress resulting from the unjust death of a family member (e.g., due to an accident). Psychological harm caused by defamation. Unjust deprivation of liberty (such as arbitrary pre-trial detention or arbitrary detention). General physical or psychological suffering, including anguish, anxiety, humiliation, or similar offenses.

When such damages occur, seeking financial compensation aims to restore the victim to their pre-injury state. However, if this is unattainable, the primary objective shifts to providing fair compensation, allowing victims to adjust their life plans to their new circumstances. This is particularly crucial in cases of personal injuries or the loss of relatives.

In the sphere of healthcare liability, you may be entitled to compensation for:

• Medical malpractice or negligence, encompassing errors made by healthcare professionals. Examples include personal injury or death resulting from surgical procedures, misdiagnosis of illnesses, and inadequate provision of information regarding treatment risks.
• Health service failures are related to negligence in the essential conditions required to deliver quality healthcare in medical facilities such as clinics and hospitals. This may include diseases contracted due to inadequate sanitation practices in healthcare facilities, safety lapses inherent in the delivery of healthcare services, shortages of medication or necessary equipment for procedures, undue delays in ambulance services, among others.

Although medical treatment cannot guarantee a patient's recovery, healthcare service failures often result in compensable injuries.

As a victim of medical negligence, you're faced with the decision of whether to pursue your case through criminal prosecution or initiate a civil lawsuit. While medical negligence may be considered a crime in Ecuador, securing compensation for victims remains a challenge, primarily for two reasons:

1. Burden of Proof: Establishing criminal liability for medical negligence requires that a panel of three experienced doctors must provide a conclusive determination regarding the presence of malpractice. This stringent requirement not only complicates the burden of proof against the accused medical practitioner but also increases the likelihood of the prosecutor dropping the case due to the challenges involved in meeting this criterion.
2. Necessary evidence to establish Criminal liability: The standard of proof required to establish criminal responsibility is considerably higher than that required in civil cases seeking compensation. This heightened standard often presents challenges in gathering sufficient evidence, particularly in cases involving medical malpractice.

On the other hand, pursuing a civil claim for medical negligence aims solely at fair compensation for the damages incurred by the victim.

Civil proceedings offer a more flexible approach to proving negligence, increasing the possibility of obtaining fair compensation.

Importantly, it's worth noting that initiating a criminal investigation at the prosecutor's office and pursuing a civil action are not mutually exclusive; they can be pursued concurrently.

This approach maximizes the chances of obtaining justice and compensation for the victim by allowing for multiple avenues of legal recourse to be explored simultaneously.

1. Consult with an expert promptly to develop an effective action plan for your case.
2. Avoid signing settlement agreements without consulting a specialist, as this could limit your ability to pursue legal action for fair compensation.
3. Be mindful of the time limits to start legal proceedings for medical liability, which may vary depending on whether the damage occurred in the private or public health services.
4. Avoid rushing into decisions regarding compensation, as the full extent of the injury may not appear immediately. Delayed consequences of damage can arise over time.
5. Do not sign documents following medical negligence, as hospitals may attempt to absolve themselves of liability. Note that documents like informed consent, outlining treatment risks, are typically signed before treatment, not after.

While out-of-court settlements can be advantageous, it's advisable not to sign settlement agreements in cases of medical negligence without the guidance of a legal expert in injury law.

Only a specialist can accurately assess damages and help secure fair compensation.

Determining the defendant in traffic accident cases isn't always straightforward and may not solely involve the driver. In matters of civil liability, employers can be held liable for their employees. For instance, if the accident involves a state vehicle or a transport company, pursuing action against the company or the state may offer greater assurance of fair compensation compared to solely targeting the driver.

Seeking guidance from a lawyer specializing in injury law is crucial for devising a strategy that identifies the most viable defendant for compensation.

It's common, particularly in accidents involving transportation services, for the legal representatives of the responsible company to approach victims or their families (in the case of fatalities) seeking the signing of settlement agreements.

However, these agreements often close the door to legal claims and typically offer inadequate compensation that does not contemplate the true scope of the victim's losses or those of their family.

Therefore, it's strongly advised not to sign settlement agreements without first seeking the guidance of a legal expert specialized in injury law.

Yes, breaches of contract can result in losses that are eligible for claims in court.

Absolutely. Maintenance and signage of public roads fall under the liability of various public institutions such as Municipalities, Provincial Governments, the Ministry of Public Works, or concessionaires.

Consequently, if an accident occurs due to inadequate maintenance or signage, it's essential to consult with a legal expert in injury law, as you may be entitled to compensation.

Yes, maintenance and signage of trails and public spaces are the responsibility of Municipalities.

In the event of an accident resulting from inadequate maintenance or signage of such areas, it's advisable to seek guidance from a lawyer specializing in injury law, as you may be entitled to compensation.

The most crucial step is to immediately contact a lawyer, as evidence of this type of damage can easily disappear. It's essential to initiate legal proceedings (such as surveys, notary findings, preparatory actions, etc.) as soon as possible to determine the actions and omissions in the neighboring construction that led to the damage.

Additionally, gathering the contact information of eyewitnesses is important for identifying and subsequently contacting them.

Yes, companies are generally liable for damages caused by their employees as long as the employees were acting within the scope of their duties at the time the damage occurred.

In most cases, yes, particularly when it comes to underage children. Parents or legal guardians are typically held accountable for the actions of their children that result in damage or harm to others.

Yes, individuals are responsible for damages caused by their animals and pets. This liability extends not only to the owners of the animals but also to those who have them under their care or control at the time the damage occurs.

Yes, it's crucial to contact a lawyer immediately, as evidence of this type of damage can easily disappear. Legal action, including assessments, notarial findings, and preparatory proceedings, may be necessary to pursue compensation.

In certain cases, pursuing compensation for damages resulting from errors in the administration of justice is possible. For instance, damages arising from unjust deprivation of liberty are a clear example of where such compensation can be sought.

Yes, the State can be held liable not only for the actions of its officials in the performance of their duties but also for their omissions.

Yes, it's possible to seek compensation for damages resulting from serious mistakes made by the justice system. This may involve identifying judicial errors, such as unacceptable misinterpretations of the law by judges or significant errors in the assessment of facts.