Lawyer within tort law

Being subjected to unjustified criminal prosecution can be a heavy burden – both psychologically, socially and financially. Fortunately, there are rules in Norwegian law that give you the opportunity to seek compensation if you have been subjected to unjustified criminal prosecution. Here you will get an overview of who can claim compensation, what you can get covered, and how to proceed.

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What is meant by wrongful prosecution?

Wrongful prosecution means that someone has been the subject of an investigation, arrest, detention, indictment or trial – without ultimately being convicted, or if the person concerned is later acquitted. It can also be a case that is dropped after the person concerned has been subjected to significant interference.

The purpose of the compensation scheme is to provide compensation for the injustice and burdens that have been incurred as a result of a process that turns out to have been unjustified.

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Who can receive compensation?

You may be entitled to compensation if you have been:

• Arrested without later being charged
• Remanded in custody without conviction
• Subjected to house search or seizure without it leading to a lawsuit
• Indicted and later acquitted
• Victim of a procedural error by the police or prosecution

Compensation can be granted regardless of whether someone has acted negligently or made a mistake – it is sufficient that you have been subjected to an intervention by the legal system without there being any basis for this.

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What can you get reimbursed for?

The compensation can cover both financial and non-financial losses. The most common are:

• Lost income: For example, wages you were not paid because you were in custody or lost your job.
• Expenses: Costs for legal assistance, travel expenses or other expenses directly related to the case.
• Tort and injury: A standard compensation for the burden you have suffered, such as stress, lost reputation and invasion of privacy.

The amount of compensation is assessed specifically in each individual case, and the amounts may vary depending on how serious the intervention has been.

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How do you seek compensation?

The state is responsible for paying compensation in the event of wrongful criminal prosecution. Applications for compensation are submitted to the Norwegian Civil Rights Administration (SRF), which assesses the claim in accordance with the rules of the Criminal Procedure Act, Chapter 31.

The application should contain:

• Description of what you have been exposed to
• Documentation of any financial losses
• Information about the legal process
• Any decision or judgment

It is recommended that you contact a defense attorney with experience in tort law for assistance in the process. In most cases, you can have your attorney's fees covered through the legal aid scheme.

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Deadline for claiming compensation

An application for compensation should be submitted as soon as possible after the case has been concluded. You usually have 3 years from the time you learned that the criminal case was dismissed or you were acquitted. It can be unfortunate to wait too long – both because the evidence is weakened, and because a long wait can affect the outcome.

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Do you need help in such a matter?

If you have been subjected to wrongful criminal prosecution, you have good opportunities under Norwegian law to claim compensation from the state. The scheme is there to restore a certain amount of justice and provide compensation for the burden you have been through.

Would you like help evaluating your case? Contact one of our experienced lawyers for a free assessment – ​​it may be a good place to start.

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When an agreement is not followed up as expected, it can lead to frustration, loss and practical challenges. As a private individual in Norway, you still have rights if someone breaks a contract. In some cases, you may also be entitled to financial compensation.

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What is considered a breach of contract?

A breach of contract – also called a breach of contract – occurs when one party fails to fulfill their obligations under the agreement. This can happen in various ways, for example:

• A craftsman who does not complete the project on time (delay)
• A used car that has hidden or serious defects (defects)
• A service you have paid for that is not delivered (non-fulfillment)

Breach of contract can therefore include delays, deficiencies in performance, and complete failure to perform. The type of breach has an impact on the rights you have as a consumer.

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When are you entitled to compensation?

As a general rule, you are entitled to compensation if you have suffered a financial loss as a result of the breach of contract. This applies whether the agreement is written or oral, as long as you can document that an agreement exists.

Three basic conditions must be met:

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1. There must be a loss

You must have suffered a financial loss – for example, expenses you have incurred because of the error, or lost income. The loss must be tangible and can be documented. It is not enough that you feel disappointed or annoyed.

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2. There must be a connection between the loss and the breach of contract

The loss you have suffered must be a direct result of the breach of contract. If the loss had occurred anyway, you are usually not entitled to compensation.

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3. The other party must be responsible

In many cases, it is sufficient that there is so-called "control liability" - that is, the other party is liable unless they can prove that the breach was due to something beyond their control, which they could not foresee or prevent.

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What can you claim in compensation?

The compensation must cover the financial loss you have suffered. This may include:

• Direct losses: For example, expenses to correct the error, buy a new product, or have the work done again.
• Indirect losses: For example, lost income or additional expenses due to delays or errors.

In consumer relations – that is, when you as a private individual buys from a business – there are often separate rules that give you special protection, such as the Consumer Purchase Act and the Craftsmen Services Act.

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How to proceed

If you want to claim compensation, you should do the following:

1. Collect documentation: Receipts, contract, emails, messages – anything that shows what was agreed upon and what went wrong.
2. Give written notice to the other party: Explain what the problem is, what you are demanding, and why.
3. Set a deadline for feedback: For example, 14 days.
4. Consider further steps: If you are not successful, you can take the case to the Conciliation Council, the Consumer Authority, the Consumer Complaints Committee or, ultimately, the court.

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Obsolescence – don't wait too long

A claim for compensation is generally time-barred three years after you became or should have become aware of the circumstances that give rise to the claim. This means that you should act quickly to secure your rights.

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Also consider price discounts

If the conditions for compensation are not met, it may be worth considering whether you may be entitled to a price reduction instead. The procedure is quite similar, but the conditions in the law are not identical. This means that you may be entitled to a price reduction even if you are not entitled to compensation, and vice versa.

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When should you seek help?

Many cases can be resolved through good communication. However, if the other party refuses to acknowledge liability, it may be worthwhile to seek legal help. Remember that many homeowners insurance policies cover legal assistance in disputes – check your insurance. If you are unsure and would like an assessment of your case, it is often worth having a non-binding conversation with a lawyer with experience in contract law and tort law.

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When a close relative passes away as a result of an accident or other traumatic event, the consequences can be both emotionally and financially demanding. In addition to the grief, many are left with questions about financial security, especially if the deceased contributed significantly to the family's finances.

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What is compensation for loss of dependants?

Survivors' compensation is financial compensation to survivors when a survivor dies as a result of an injury or event for which someone can be held legally liable. This can be traffic accidents, occupational injuries, violent incidents or other cases where liability is applicable. The purpose is to cover the financial loss that occurs because the deceased can no longer contribute to the family's support.

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Who can claim compensation?

Compensation for loss of dependents may be applicable for:

• Spouse or cohabitant who was financially dependent on the deceased
• Children under 20 years old
• Other people who were wholly or partly dependent on the deceased, such as parents or siblings in some cases

It is important to note that there must be an actual support relationship – it is not enough to be related. For example, adult children will normally not have a claim unless they were financially supported to a significant extent.

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When can you claim compensation for loss of breadwinner?

Compensation may be applicable if the death is due to:

• Traffic accident
• Patient injury
• Occupational injury or illness
• Act of violence or other criminal act
• Other incidents where someone is at fault or responsible

Liability for compensation may lie with a private individual, employer, insurance company or the state – depending on what caused the death.

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What does compensation cover after loss of breadwinner?

The compensation shall, as a general rule, cover the financial contribution the deceased would have made if he or she had lived. This includes:

• Lost income from breadwinner
• Increased expenses for survivors (e.g. funeral, childcare, moving)
• Compensation for lost work at home

The compensation shall contribute to the restoration of the financial situation that would have existed without the death.

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How is the amount calculated?

The calculation is based on the deceased's income, the survivor's financial situation and how long the support would have continued. Usually, a discretionary assessment is made based on standardized guidelines, but individual circumstances may come into play. Children are usually paid survivor's compensation until they reach the age of 20.

It is common for NAV, insurance companies and possibly lawyers to be involved in the calculation and payment of compensation.

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How do you apply for compensation for loss of breadwinner?

To receive compensation, you must submit a claim to the correct authority. Which authority this is depends on the cause of death:

• In the event of a traffic accident: the other party's insurance company
• In case of occupational injury: employer's occupational injury insurance
• In the event of violence: Office for Victim Compensation
• In case of patient injury: Norwegian Patient Injury Compensation (NPE)

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How long does it take?

The processing time varies, but it is not uncommon for such cases to take several months. The complexity of the case, the documentation required, and the workload of the insurance company or public authority play a role. It is therefore important to start the process as early as possible.

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Get help from a lawyer

Survivors' compensation is intended to ensure that you and your loved ones do not suffer financially as a result of a death that could have been avoided. It can feel overwhelming to familiarize yourself with the compensation rules while dealing with grief and loss. However, you are not alone. Fortunately, many people are entitled to free legal aid through insurance or the public sector. Please contact one of our experienced compensation lawyers for a free assessment of your case.

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