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Civil & Property

Damages & Liability Claims in Chile

Compensation for harm caused by someone else's negligence — built on the causation and quantum evidence Chilean courts actually require.

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Overview

What this involves

Non-contractual liability in Chile requires proving three things: that the defendant acted wrongfully or negligently, that you suffered harm, and that one caused the other. Cases are rarely lost on the first element. They are lost on causation and on proof of the amount.

Chilean courts also recognize moral damages — compensation for suffering that is not economic — but awards are moderate by US standards and have to be argued, not assumed. We set realistic expectations at the outset rather than at the end.

What we handle

Liability assessment

Whether the facts support a claim, against whom, and under which regime — the answer changes the evidence you need and the deadline you face.

Evidence building

Expert reports, medical documentation, witness evidence and the documentary record that establishes causation rather than merely asserting it.

Quantification

Economic loss, future loss and moral damages, quantified against what Chilean courts actually award in comparable cases.

Negotiation with insurers

Many of these matters resolve with an insurer rather than in court. We negotiate from a documented position instead of an anecdotal one.

Litigation

Filing and running the claim where negotiation does not produce a reasonable outcome.

From anywhere

How we run this for a client abroad

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

FAQ

Damages & Liability Claims — common questions

What English-speaking clients ask us most about this specific service.

How long do I have to bring a damages claim in Chile?

Non-contractual liability claims prescribe faster than most other civil claims, and the period runs from the wrongful act rather than from when you finished dealing with its consequences. This is the area where we most often have to tell someone they waited too long. If something happened, get it assessed now.

Are damages awards in Chile like in the United States?

No, and the gap is large. There are no punitive damages of the US kind, and moral damage awards are considerably more moderate. A claim that would be economically significant in the US may not justify litigation costs in Chile. We give you the realistic range before you commit.

Who pays if I lose?

Chilean courts can order the losing party to pay costs, though what is awarded often falls short of what was actually spent. We set out the cost exposure at the start, including the scenario where the case does not succeed.

Can I claim if the accident happened while I was visiting Chile?

Yes. The claim is governed by Chilean law because the harm occurred here, and your residence abroad is not an obstacle — we act under a power of attorney. Gathering evidence is easier the sooner you act, particularly medical documentation and witness details.

Talk to a Chilean lawyer about your damages claim in Chile

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →

WhatsApp+56 9 5217 5304

Emailhola@oklegal.cl

HoursMon–Sat 09:00–20:00