Ana Carolina Garcia | Advogada
PRACTICE AREA

Damages

Analysis of claims for material and moral damages, accidents and service failures.

HOW WE WORK

From first contact to decision

01Consultation
02Analysis
03Strategy
04Follow-up

Damages: when harm needs to be repaired

A credit record wrongly flagged, a cancelled flight that made you miss an appointment, a traffic accident, a mistake in medical care or a defective product that caused a loss. Situations like these may give rise to a right to compensation. The Brazilian Civil Code establishes that whoever causes damage to another person, by action or omission, must repair it.

Our role is to assess responsibly whether there is a case, what type of damage is involved, what evidence is available and which path makes the most sense: direct negotiation, an administrative complaint or a lawsuit. We explain all of this in writing before any decision.

Illustration of the scales of justice balancing coins and a heart, representing compensation for material and moral damages
Material and moral damages may be claimed together when they arise from the same event.

Material, moral and aesthetic damages

Material damages are the financial losses that can be proven. They include what you actually lost, such as medical expenses, car repairs or tickets purchased, and also what you stopped earning because of the event, known as lost profits, such as lost workdays.

Moral damages relate to harm to personality rights: honor, image, dignity, peace of mind and psychological integrity. Not every annoyance leads to compensation; courts usually require the situation to go beyond the mere inconvenience of daily life. That is why analyzing the specific case and the evidence is so important.

Aesthetic damages involve permanent changes in appearance, such as scars or deformities, and may be claimed together with moral damages when they arise from the same event.

Consumer relations: your rights as a consumer

Many compensation cases involve consumer relations. The Consumer Protection Code provides that suppliers and service providers are liable for damages caused, as a rule, regardless of fault. It also allows, in certain situations, the burden of proof to be reversed, when the consumer's claim is plausible or the consumer is at a technical disadvantage.

Among the most common cases are wrongful inclusion in debtor registers, charges for services not contracted, failures by banks and carriers, flight delays and cancellations, lost luggage and defective products. For undue charges paid by the consumer, the law generally provides for a refund of twice the amount overpaid, except in cases of justifiable error.

Accidents, medical error and other situations

Traffic accidents, falls in commercial premises and damage caused by construction work or neighbors may also lead to compensation. In these cases, a police report, photos, videos, repair quotes and witnesses make all the difference.

In cases of possible medical or hospital error, the analysis is more technical. Medical records, tests and reports are essential, and the opinion of a technical expert is often needed. We assess carefully and only recommend filing a claim when there is consistent evidence.

Illustration of documents, photos and service tickets organized as evidence for a consumer compensation claim
Invoices, service tickets, photos and chats help prove the damage.

Deadlines and Small Claims Courts

The right to claim compensation has a deadline. Under the Civil Code, claims for civil reparation generally expire in three years. In consumer relations, when the damage results from a defect in the product or service, the period is usually five years, counted from knowledge of the damage and its author. There are exceptions, so it is important to seek advice as soon as possible.

Lower-value cases may be taken to the Special Civil Courts, which have a simpler procedure and, as a rule, no court fees at first instance. The law allows claims of up to 40 minimum wages, and up to 20 minimum wages it is possible to act without a lawyer. Even so, professional guidance helps calculate the claim correctly and present the evidence properly.

How to gather evidence now

Keep invoices, contracts, payment receipts, service ticket numbers, emails, chats, photos and videos. Write down dates, names of attendants and protocol numbers. If there was an injury, keep medical certificates, prescriptions and test results. The better organized this material is, the clearer the proof of damage becomes.

It is also worth registering complaints through official channels, such as the company's customer service, its ombudsman and public consumer service platforms. These records show you tried to solve the problem and often lead to a faster solution, without the need for a lawsuit.

How our service works

In the initial conversation, you describe what happened and send us the documents you already have. We analyze the feasibility of the claim, the risks and an estimated timeline, and present the fee proposal in writing. During the case, you follow every step through the client portal.

We do not promise amounts or results, because compensation depends on the evidence and the judge's assessment. What we guarantee is an honest analysis, clear communication and dedication so that your right is presented in the best possible way.

Services

  • Moral damages
  • Material damages
  • Accidents
  • Service failure

Frequently asked questions

How do I know if I'm entitled to compensation?

Each case depends on the facts and the evidence. We assess your case in the initial consultation.

What helps prove the damage?

Documents, photos, messages, invoices and expert reports are usually important.

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