How does personal injury compensation work in Kosovo?

What counts as a personal injury claim

A personal injury claim is a claim for compensation for harm to your body or health caused by someone else. In Kosovo, liability for damage is governed by the Law on Obligational Relationships (Law No. 04/L-077). As a general rule, a person who causes damage to another through their fault must compensate it. For damage caused by dangerous things or dangerous activities — vehicles and machinery, for example — the law imposes a stricter liability on the owner or the person carrying out the activity, who can be liable even where fault is not proven.

The most common situations include:

• Road traffic accidents — the largest group, usually handled through compulsory motor liability insurance.
• Workplace accidents — injuries suffered at work or because of unsafe working conditions.
• Falls and injuries on unsafe premises or public spaces — for example uncovered openings, broken stairs or unmarked hazards.
• Injuries caused by animals, defective products or dangerous equipment.
• Injuries caused by assault or another criminal offence.

What you can claim for

Kosovo law distinguishes two kinds of damage, and a single claim can include both:

• Material (pecuniary) damage — medical treatment, medicines and rehabilitation, travel for treatment, the cost of care and help at home, lost earnings, and reduced future earning capacity.
• Non-material (non-pecuniary) damage — physical pain, mental suffering, fear endured, reduced life activity, and disfigurement.

Who pays: the person responsible or their insurer

In many cases the compensation is paid by an insurer rather than by the responsible person directly: the motor liability insurer after a road accident, the employer or its insurer after a workplace accident, or the liability insurer of a business or property owner. Where there is no insurance, the claim is made against the responsible person, company or institution. If the claim is refused or the offer is too low, it can be brought before the Basic Court (Gjykata Themelore), which decides both liability and the amount.

Where the injury was caused by a criminal offence, the injured person can usually raise a compensation (property) claim in the criminal proceedings, or pursue it separately in a civil case.

How to build a claim, step by step

1. Get medical care straight away and make sure every visit, finding and treatment is documented.
2. Report the incident — to the police, the employer, or the owner or manager of the premises — and ask for a written record.
3. Preserve evidence: photographs of the place and the hazard, witness names and contact details, and any video recordings.
4. Keep every receipt and proof of lost income from the start.
5. Identify who is responsible and whether they are insured.
6. Submit a written claim with the supporting documents; if it is refused or undervalued, consider a claim before the Basic Court.

If you were partly at fault

If your own conduct contributed to the injury — for example not using required safety equipment or ignoring a clear warning — the compensation can be reduced in proportion to your share of responsibility. Partial fault does not usually remove the right to compensation altogether, so it is still worth having the claim assessed.

Time limits

Compensation claims become time-barred after a limitation period (parashkrimi) set by the Law on Obligational Relationships. As a general rule the period runs from when you learned of the damage and of who caused it, within a longer overall limit from when the damage occurred; a longer period can apply where the injury resulted from a criminal offence. Because the exact deadline depends on the facts, check it early rather than wait.

If you live abroad

Members of the diaspora injured while visiting Kosovo can pursue a claim after returning home. A representative in Kosovo can act for you under a notarised power of attorney, so you do not need to attend every step in person — but collect the medical records and any police or incident report before you leave.

Frequently asked questions

Can I get compensation for pain and suffering in Kosovo?

Yes. Kosovo law recognises non-material damage — physical pain, mental suffering, fear, reduced life activity and disfigurement — alongside material damage such as medical costs and lost income. It has to be supported by evidence, usually medical findings.

Who is liable for a personal injury?

Generally the person who caused it through their fault. For damage caused by dangerous things or activities, such as vehicles or machinery, the owner or operator can be liable even without proven fault. Often an insurer pays on their behalf.

I fell on someone else’s property. Can I claim?

Possibly. If the fall was caused by a hazard the owner or manager should have dealt with — broken stairs, an uncovered opening, an unmarked danger — they may be liable. Photograph the hazard, take witness details and report it in writing.

Is there a fixed amount of compensation for each injury?

No. There are no fixed tariffs in law; the amount depends on the injury, its effects on your life and the evidence. If the matter goes to court, the Basic Court decides it, usually with the help of a medical expert.

What if I was partly to blame?

Your compensation can be reduced in proportion to your share of fault, but partial fault does not usually remove the right to compensation entirely.

How long do I have to claim?

Claims are subject to a limitation period under the Law on Obligational Relationships. The exact deadline depends on the circumstances, so check it as early as possible.

Legal basis

• Law No. 04/L-077 on Obligational Relationships