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Dle § 2958 nového občanského zákoníku platí, že při ublížení na zdraví odčiní škůdce újmu poškozeného peněžitou náhradou, vyvažující plně vytrpěné bolesti a další nemajetkové újmy; vznikla-li poškozením zdraví překážka lepší budoucnosti poškozeného, nahradí mu škůdce i ztížení společenského uplatnění.
Kromě náhrady za bolest a ztížení společenského uplatnění (případně jiné nemajetkové újmy) má poškozený samozřejmě právo i na náhradu nákladů spojených s péčí o jeho zdraví (§ 2960 nového občanského zákoníku) a náhradu ztráty na jeho příjmech (§ 2962 a násl. nového OZ).
Ještě dodáváme, že při zvlášť závažném ublížení na zdraví je škůdce povinen odčinit duševní útrapy manželů, rodiči, dítěti nebo jiné osobě blízké, ZSU - ztížení společenského uplatnění, ošetřovné, cestovné, psychickou újmu, trvalé následky, ušlý výdělek, ztrátu na mzdě, doživotní rentu, náklady spojené s léčením, zdravotní pomůcky, rehabilitační pomůcky, rehabilitace, doplatky za lázně, materiální škodu a to peněžitou náhradou vyvažující plně jejich utrpení.
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