When and how you can claim state compensation for damages

The state is liable for damages caused by its illegal or unlawful acts, and citizens can claim compensation for such damages under certain conditions.

If you have suffered an injury due to the actions of a public authority or a civil servant, it is important to know the correct procedure for claiming compensation.

In this article, we explain when and how you can claim compensation from the state and the steps you need to take to protect your rights.

What is state compensation?

State compensation is the money that a person can claim from the state for damages he or she has suffered as a result of the actions of public authorities or their officials.

This compensation is intended to compensate you for losses you have suffered as a result of an unlawful act or error on the part of the state or public institutions.

Damages that may justify a claim may include:

Material damages: Loss of property, damage to property or other financial loss.
Moral damages: Damage to the physical or mental integrity of a person, including damage to image or emotional distress.

When can you claim state compensation?

There are several situations in which you can claim compensation from the state. Here are the most common cases where the state is liable for damages:

Abuse of power or illegal administrative act

When a public authority, civil servant or state institution issues an unlawful or abusive administrative act that harms your rights, you can claim compensation. For example, if the authorities apply disproportionate sanctions or measures without complying with the law, you can claim compensation for your losses.

Law enforcement abuses

In situations where you have suffered physical or psychological abuse by law enforcement (police, gendarmes, etc.), such as illegal detention, inhuman or degrading treatment, or the use of excessive force, you can claim compensation from the state.

Miscarriages of justice

If you have been wrongly convicted or have suffered harm because of a wrongful judicial process, for example, an unlawful conviction or wrongful imprisonment, the state may be liable for the damages you have suffered. In this case, you can claim compensation for the time you were unlawfully detained and for the non-material damage caused.

Damage caused by public infrastructure

If you have an accident due to a defect in the public infrastructure, such as a poorly maintained street or a building that collapses due to the negligence of the authorities, the state is liable to compensate you for the damage you have suffered. The authorities must also ensure the safety of citizens on the roads and in public spaces.

Abuses related to social protection or other fundamental rights

If public authorities or institutions fail to respect citizens' fundamental rights, for example by refusing to grant legal social benefits or discriminating in such a process, you can claim compensation.

How to claim compensation from the state?

To claim compensation from the state, you must follow a well-established legal procedure. Here are the main steps:

Identify the legal basis of your application

First, you need to identify the legal basis of the claim. This usually means that you have to prove that the act of the public authority or public official was unlawful, abusive or unjustified. You also need to provide clear evidence of the harm suffered, whether material or non-material.

Filing an administrative complaint

Before going to court, you must lodge a complaint with the public authority responsible for the act or deed that caused the damage. This must be filed within the legal time limit set by law and must contain all relevant information about the damage and the act that caused it.

If the administrative complaint is rejected, go to court

If the public authority refuses to pay you compensation or rejects your claim, you can go to court. Your claim will be brought before the competent court, usually the administrative court, which will examine the legality of the authorities' action and decide whether compensation should be awarded for the damages you have suffered.

Proof of damage and its cause

In court, you will have to prove that the damage was caused by the action of a public authority or an illegal administrative act. It is important to gather all the necessary evidence to support your claim for compensation, including documents proving the damage (invoices, medical reports, etc.) and any other relevant evidence.

Settlement of compensation claims

The court will consider the claim and the evidence presented, and if it finds that the public authority has caused the damage, it will order compensation. This may include compensation for financial losses, but also moral damages for the suffering caused.

Deadlines and conditions for claiming compensation

It is important to know that there are legal deadlines for filing a claim, and these can vary depending on the nature of the case. For example, for administrative claims, the time limit may be 30 days, and for court actions, the time limit may be longer, but should not be exceeded.

In addition, for certain situations, there are also limitation periods, and if you don't file your claim within a reasonable time, you will lose the right to claim compensation.