Personal Injury Law

Original Language Title: Vahingonkorvauslaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1974/19740412

In accordance with the decision of Parliament provides for the scope of the law: Chapter 1, section 1 of the compensation for Damages shall apply the provisions of this Act. This law does not apply, unless otherwise provided for in this or any other law, contractual or other compensation provided for in the law of responsibility.
Chapter 2, section 1 of Which the liability of the person who caused the Damage intentionally or negligently causes damage to another, shall be obliged to replace it, provided that, subject to the provisions of this law.
Compensation may be adjusted, if the liability will be considered unduly pregnant, taking into account the conditions of the injured, and property damage and other conditions. If the damage is caused intentionally, it is, however, a full compensation, unless specific reasons to consider a reasonable lower compensation.


§ 2 If the injury has caused 18 years younger, he is obliged to compensate for the fact that his age and development level, the quality of the Act, the person and the assets of the conditions of the injured, as well as other conditions, will be considered reasonable.


section 3 of the insanity, vajaamielinen, or the soul of the functionally disturbed is obliged to compensate for the damage that his State, the quality of the Act, the person and the assets of the conditions of the injured, as well as other conditions, will be considered reasonable. A temporary disturbance in the functioning of the soul, which may have become infected by the injury itself, however, is not in itself be considered as compensation for the obligation to reduce it.
Chapter 3 liability of the employer and the public body under section 1, the employer is under an obligation to compensate the damage that the employee intentionally or omission was responsible for the work of the cause. As an employer, it shall also be regarded as a task for the independent, which gives the entrepreneur, who, taking into account the mandate in terms of stability, quality of work and other conditions must be treated as an employee.
What has been said in the first paragraph of the employer, apply by analogy to categories of States, municipalities and other public body or institution, when the crime was committed by a public official or employee, or the conditions of employment of the comparable to the community in relation to the fault or negligence of the person in action, which is not to be considered the carrying out of a public authority.
If it does, that the order of the authority, at the request of the trust along with selected in accordance with the law, or that of another, or the employment relationship comparable to that of the circumstances, a particular task without being a member of an independent contractor, the task of carrying out intentionally or by negligence causes damage, is it, on whose behalf the task will be performed, under an obligation to compensate the damage. If a college student caused intentionally or omission was responsible for the damage to education in the work or treatment facility for the treatment, the treated accordingly is also it, on whose behalf the work is carried out, shall be obliged to compensate the damage. (5981/473) section 2 of the public entity shall be obliged to pay as a result of an error or omission of the public powers. The same liability is in any other community, which, by law, regulation or law, on the basis of the mandate contained in the public role.
The responsibility of the community, as provided for in subparagraph (1) above, however, it is only when the action or for the performance of a task in view of the purpose of the quality and reasonable requirements have not been complied with.


section 3 section 3 (17.11.1978/857) is repealed by L:lla 17.11.1978/857.


section 4 of the authority of the State or as a result of the incorrect solution to the damage suffered is the pätevättä reason failed to apply for a change to it, does not have a right to get from the State or from the compensation for the damage, which he could have avoided search change.


section 5 of the Application to the State Council, the Ministry, the Prime Minister's Office, a court or a judge's decision on compensation for damage caused by not raising, unless a decision has not been changed or revoked, or if the error is not found guilty of the offences of civil servants that has made the obligation to compensate for damage. When the administrative authority to appeal the Council of State, the highest administrative court or the decision on compensation for damage caused by virkaylioikeudelta, will not be allowed to raise the claim in so far as the decision has been left to be of a lasting nature.


in this chapter, referred to in article 6 of the liability will be considered to be unfair or if the amount of the damages, as well as, apparently, the other, in the circumstances, there is a special reason to be compensation to settle.


section 7 (Dec. 3/1051) section 7 is repealed by L:lla Dec. 3/1051.
Chapter 4 liability of the employee and officer of the section 1 of the damage caused by the employee in his work intentionally or omission was responsible for the cause, he shall be obliged to reimburse the amount, which will be considered reasonable, taking into account the magnitude of the damage, making quality, the drive, the need for the injured as well as other conditions. If the employee has a defect is only mild, no damages have to be condemned. The law is the same, if the injury causes, Chapter 3, section 1, for an independent contractor. If a college student causing the damage to education in the work, he/she is responsible for the damage in accordance with the criteria laid down in this article. The same applies to the Institute's contribution to the treatment of prisoners in the work or in the work of the compensation for damage caused by the prison. (5981/1423)
If the damage is caused intentionally, there is a full refund, unless specific reasons to consider a reasonable lower compensation.
The employer of the employee at work on compensation for damage caused by provided for separately. (5981/473) section 2 of the official is responsible for damage caused intentionally or by negligence, in his Office in this chapter in accordance with the criteria referred to in article 1. (5981/1423)
Military Service Act (452/50), on the basis of the State, or equivalent, on the order of a person in the service of the same responsibility as the official. The soldier and the man of property damage or personal use on the hukkaamisesta, which does not appear to have occurred in a favor on the task of determining the future, State compensation for compliance with the provisions of Chapter 2. (23.3.1979/373)
Subject to the provisions of the military criminal, the State of the ship or the safety of the person in charge of the aircraft shall not be required to pay to the State from the beginning is a subject that is at fault, unless the injury or having to steer him not of what we call the Act of prosecution or, if he is left on the penalty without judgment or condemnation about the only disciplinary punishment or a fine. (5981/1423)
Public confidence in the Office to make good the damage caused by a person's confidence is to apply the criteria set out in article 1. They shall also apply in the case of someone else, without being a member of the conditions of employment referred to in this chapter, in relation to article 2 of Chapter 3 of the accident is caused in the community, referred to in the exercise of public authority. (5981/1423)

AsevelvollisuusL:lla AsevelvollisuusL 452/1438/2007 is repealed in the 1950s.



section 3 (5981/1423) in this chapter, for any liability to the person responsible for the damage, according to Chapter 3, what this is without prejudice to the second paragraph of article 2 of Chapter 6 of the paid to the injured party, however, this chapter in accordance with the criteria laid down in article 1.
section 1 of Chapter 5 of the damage (16 June 2004/509) of damages includes compensation for material damage, as well as personal and 4 (a) and the conditions set out in article 6 of the suffering. When the damage is caused to the criminal offence or to the public for the exercise of implementing powers, as provided for in, or when in the other cases, it is a very weighty reasons for include the compensation for damages including economic loss, which is not connected to a person or an object.


2 section (16 June 2004/509) the injured party shall have the right to compensation: 1) the necessary medical expenses and other necessary expenses;
2) loss of earnings;
3) for pain and suffering, as well as the rest of the temporary inconvenience;
4) permanent harm.


2. (a) section (16 June 2004/509) for loss of earnings compensation, on the basis of an estimate of the income that the injured would be without the damage event. This is deducted from earned income, which injured the damage event is received, or would have been able to get, or that he expected to receive the light of his ability to work, education, business, any chance of education, age, living conditions, and these other things to be compared.


section 2 (b) (16 June 2004/509) If as a result of personal injury, permanently, in the event of damage not been substantively lost over 18 years, earned income, which he should, without damage of the event received will be assessed by taking account of his personal characteristics, as well as education and professional plans. Unless otherwise indicated, the amount is considered earned income: 1) the number of the injured brought in 18 years, which is equivalent to living in Finland, the average persons age 18 to 22-state taxable earned income;
2) the number of the injured brought in 23 years, which corresponds to the age of 23 to 34 living in Finland, the average income of full-time employees;
3 the number of the injured brought in 35 years), which is equivalent to living in Finland 35-64 age group, the average income of full-time employees;
4) the injured filled the number of 65 years old-age pension to which he would be employees under the Act (395/1961) had the right under paragraphs 1 to 3, on the basis of income.
The first sentence of section 1 – earned income referred to in paragraph 3, the year the State Council regulation.
Employee eläkeL 395/1961 has been repealed eläkeL:lla 395/2006 for the employee. See also the VNa under the age of 18 fixing the level of the injury suffered by the earned income 11/2015.



section 2 (c) (16 June 2004/509) for pain and suffering, as well as the rest of the compensation for the temporary loss, taking into account in particular the nature and severity of the injury, the quality of treatment required and the duration of the time, as well as the duration of the injury.
Permanent damage compensation, taking into account the nature and degree of difficulty of personal injury, as well as the age of the victim. Compensation for korottavana by the person can be taken into account for the damage caused by the deterioration of the quality of life specific to the injured.


section 2 (d) (16 June 2004/509) personal injury suffered by parents, children and spouse, as well as any other such person, especially a person injured on the nearby dispensing is, for a special reason and the right to equitable remuneration for necessary expenses and loss of earnings incurred by the person injured by them. The same applies to the replacement of the other measures resulting from the injury, if they are likely to contribute to the recovery of the injured person, or rehabilitation. Compensation shall be paid not later than until such time as the State of health of the person injured the damage after the event is well established.


3 section (16 June 2004/509), who is looking out for the burial of the victims, has the right to equitable remuneration for the burial of the costs incurred. Victims, parents, children and spouse, as well as any other person consents to these dispensing killed particularly on the nearby also have the right to equitable remuneration for the costs associated with their burial.


section 4 (16 June 2004/509) if the debtor or otherwise another child taking care of a person has been killed, the maintenance or the maintenance creditor or otherwise, on the issue of victims of dependency is entitled to compensation for loss of dependency.
C the loss of compensation, taking into account the extent to which the entitled to compensation likely to be received, some were killed, and the maintenance of what he reasonably needs to contribute, taking into account his chances have been the work of a living income for themselves and other conditions.
Maintenance can be a special reason to equate the value of a home work.


4. (a) section (29.1.1999/61) victims, parents, children and spouse, as well as any other person consents to these dispensing killed particularly on the nearby has the right to receive compensation for the suffering caused by the death, if death is caused intentionally or through gross negligence, and the conviction will be considered reasonable, taking into account the relationship between the victims and claiming compensation, making the quality, as well as other conditions.

2 is repealed by L:lla 16 June 2004/509.



section 4 (b) (16 June 2004/509) if the death is caused deliberately or by gross negligence, the victims parents, children and spouse, as well as any other person consents to these dispensing killed particularly on the nearby has the right to compensation for death or personal injury as a result of the necessary medical expenses resulting from the injury caused thereby, and other necessary expenses and loss of earnings.


§ 5 Object failed to be replaced for damage caused by the object repair costs and other expenses as well as depreciation of the value of the object, or destroyed or lost and, in addition, the decrease in revenue, or maintenance.


section 6 (16 June 2004/509) the right to compensation for the suffering caused by the breach is because: 1) by freedom, peace, honor, or private life has been violated, as provided for in Act a criminal offence;
It is a criminal offence, as provided for in Act 2) which discriminated against;
3) whose personal integrity is intentional or grossly negligent breach of the seriously;
4) that human dignity is the intentional or grossly negligent breach of the other serious, violations referred to in paragraph 1 to 3 comparable way.
On the basis of which the compensation provided for violation of its suffering is likely to cause, taking account in particular of the role of the quality that is alleged to have been infringed, the infringement the infringer, and the relationship between the breach of the public as well as to have been infringed.


section 7 (16 June 2004/509) on the basis of the foregoing shall be the future of personal injury, loss of earnings or loss of the maintenance paid (repeated). However, compensation may be ordered to be paid in whole or in part, in a lump sum, if it is necessary in the circumstances, taking into account the korvausvelvollisen property of the injured person compensation for the claim, or if it is appropriate, taking into account the amount of the compensation.
For pain and suffering, as well as the temporary loss or permanent harm to the rest of the lump. The permanent loss of compensation may, however, be ordered to be paid in whole or in part (repeated), if it is appropriate, taking into account the conditions of the injured person, the amount of compensation and the conditions in the korvausvelvollisen property.
Suffering provides for the payment of a lump sum.


section 8 (16 June 2004/509), 2 2 (d), (4) or on the basis of article 4 (b) compensation for the imposition of the circumstances have materially changed since the judgment after the compensation has been set or has been agreed upon, the amount of the compensation or its method can be changed. However, there can be no single compensation under this section.
The change may be the fear generated in the means of compensation, for a special reason and order to come into force retroactively, no earlier than the date of application for the amendment of the compensation, however, print.
Chapter 6 section 1 of the distribution of liability If the injured party is contributing to the injury, or if the rest of the injury sustained by making a non-factor has also been the cause of the injury, the compensation can be reasonably adjusted.


§ 2 When the damage is caused by two or more persons liable to pay the same, or they are otherwise responsible for the injury, they are jointly and severally liable. It that is not condemned to pay the full amount of the remuneration shall, however, only members of the and, which is responsible for Chapter 4, section 1, on the basis of the criteria laid down in paragraph 1, only on the amount, which may not be to receive compensation according to the provisions of Chapter 3.


between the amount of the liable compensation section 3 is to be shared, as will be considered reasonable, taking into account the amount of each of the remaining korvausvelvollisen a defect of guilt, an incident may benefit received and other factors.
For anyone who has paid more than his share of compensation for damage, is entitled to receive for each other from what he has paid for. If someone korvausvelvollisista is apparently insolvent, or if his residence is unknown, there is a korvausvelvollisista for each other to pay for its share of the shortage.
Chapter 7 miscellaneous provisions section 1 of the employment contract or other agreement as well as an official rule or any other to be compared with the control, which is added to the employee or official of the liability of this law, shall be null and void.


section 2 section 2 of the (15.8.2003/733) is repealed by L:lla 15.8.2003/733.


3 section (16 June 2004/509) the right to compensation for pain and suffering, as well as the rest of the permanent harm and suffering temporary loss, lapses, if the aggrieved party dies before the presentation of the claim.


section 4 (13 March 2009/144) has been revoked 13.3.2009 L:lla/144.


section 5 (5981/1423) in this law, the compensation referred to in Chapter 3 or 4 of the action in dealing with it is the responsibility of the damage is determined by the provisions of the figures, but that has not been summoned to the defendant in the case, be given an opportunity to be heard in the case.

This law shall enter into force on 1 September 1974. As the criminal law is repealed on 30 May 1919, Chapter 9, as well as on the military criminal code, section 47 (2) and 5 of the article, as they are laid down in the law of 10 March 1944 (155/44), and article 49.

If required by law or regulation has been made to the provision, by contrast, has become the last of this provision is to be applied.
Before the entry into force of this law shall apply to the damage arising in the previous law.

The change of the date of entry into force and the application of the acts: 17.11.1978/857:23.3.1979/373: this law shall enter into force on 1 May 1979. On 30 May 1919, is repealed on the military criminal code, article 48, as amended by the Act of 10 March 1944 and on 31 May 1974, by means of laws (155/44 and 412/74). Before the entry into force of this law shall apply to the damage arising in the previous law.




5981/1423: this law shall enter into force on 1 January 1992.
Before the entry into force of this law shall apply to the damage arising in the previous law. However, such damage can also claim compensation from this Act, Chapter 7, section 2, in accordance with paragraph 4.
THEY 151/91, lvk. Mrs. 5/91 brought an action/61: this law shall enter into force on 1 February 1999.
This law shall not apply to any damage which is caused by the entry into force of the Act before the law.
THEY LaVM 116/1998, 13/1998, EV 164/1998 15.8.2003/733: this law shall enter into force on 1 January 2004.
Before the entry into force of the laws of the rights to compensation expires as the debt limitation Act (763/2003) section 21 provides.
THEY'RE 187/2002, 28/2002, TaVM EV 281/2002 16 June 2004/509: this law shall enter into force on 1 January 2006.
This law shall apply after the entry into force of the law for the damage caused by an act or omission done in the performance of their duties. In Chapter 5, article 8 of the law is, however, subject to the reimbursement, which is based on the entry into force of the law prior to the Act or omission to the injurious effects.
THEY LaVM 167/2003, (EC) No 1/2004, EV 60/2004 13 March 2009/144: this law shall enter into force on 1 September 2009.
Before the date of the entry into force of the laws which have been in force at the time of entry into force of the law applies.
70/2008 16/2008, LaVM, EV 5/2009 Dec. 3/1051: this law shall enter into force on 1 January 2011.
Before the entry into force of the law can be taken in the implementation of the law.
THEY'RE 214/2010 18/2010, Kouba, EV 211/2010