Bodily Injury Compensation in Bulgaria: Which Route?

Compensation for bodily injury after an assault can be obtained in two main ways in Bulgaria: by bringing a civil claim within the criminal case against the attacker itself, or by filing a separate civil lawsuit. The choice looks technical, but in practice it determines how quickly you will be paid, how much the case will cost you and what happens if the criminal proceedings drag on or end without a conviction.

In this article you will learn when an assault is a publicly prosecuted offence and when it is prosecuted only on your complaint, what the deadlines are for a civil claim in criminal proceedings, when a separate claim under the Obligations and Contracts Act is the better option, how damages are proved, and the most common mistakes that cause victims to lose part of their compensation.

What kind of bodily injury is it: minor, moderate or serious?

The first question is how the injury will be classified, because that determines who conducts the criminal case. The Criminal Code (Наказателен кодекс, НК) distinguishes between:

minor bodily injury (Art. 130 of the Criminal Code): impairment of health other than in cases of moderate or serious injury, as well as causing pain or suffering without impairment of health;
moderate bodily injury (Art. 129 of the Criminal Code): for example lasting difficulty in moving a limb, a broken jaw, knocked-out teeth without which chewing or speaking is impaired, and other consequences listed in the law;
serious bodily injury (Art. 128 of the Criminal Code): the gravest consequences, such as permanent loss of a function or organ, disfigurement and so on.

The classification is not decided by you, but by the forensic doctor and ultimately by the court. That is why it is important to document your injuries within the first few hours: an examination at the emergency department and a forensic medical certificate (съдебномедицинско удостоверение) are the basis for every step that follows.

Why is the classification so important?

For moderate and serious bodily injury, the offence is as a rule publicly prosecuted: the police investigate under the direction of the prosecutor, and the victim can join as a private prosecutor and civil claimant.
For minor bodily injury under Art. 130 of the Criminal Code, criminal prosecution as a rule is brought only on the victim's complaint (Art. 161(1) of the Criminal Code). You are then a private complainant: you file the complaint with the court, you gather the evidence and you maintain the charge.
There are exceptions. For example, for certain aggravated cases, including bodily injury in the context of domestic violence, the rules are different. That is why the classification must be assessed in each specific case.

From our practice: If you reported the incident to the police and it later turns out that the injury is a minor bodily injury, the pre-trial proceedings are suspended and you receive a notice to that effect (Art. 25(1)(6) of the Criminal Procedure Code). From that moment the six-month deadline for filing a complaint with the court begins to run (Art. 81(3) of the Criminal Procedure Code). Many victims miss the deadline because they think "the police are already dealing with it".

Route one: a civil claim in the criminal case

The Criminal Procedure Code (Наказателно-процесуален кодекс, НПК) allows the victim to bring a civil claim for compensation of the damage in the trial phase of the criminal proceedings and to take part as a civil claimant (Art. 84(1) of the Criminal Procedure Code). The claim may be brought both against the defendant and against other persons who bear civil liability for the damage (Art. 86 of the Criminal Procedure Code), for example an employer, where the assault was committed by a security guard in the course of their work.

What is the latest you can bring the claim?

The deadline is strict and easy to miss:

in publicly prosecuted cases: no later than the opening of the preliminary (dispositive) hearing before the court of first instance (Art. 85(3) of the Criminal Procedure Code);
in privately prosecuted cases (on complaint): before the start of the judicial investigation before the court of first instance (Art. 85(3) of the Criminal Procedure Code).

When the prosecutor files an indictment, the court sends the victim a notice of the preliminary hearing. Within 7 days of service, the victim may ask to be admitted as a private prosecutor and civil claimant (Art. 247c(4) of the Criminal Procedure Code). The civil claim may be made orally or in writing and must state the offence and the nature and amount of the damage (Art. 85(1) and (2) of the Criminal Procedure Code).

Advantages of a civil claim in criminal proceedings

One set of proceedings instead of two. The evidence gathered in the investigation (witness statements, a forensic medical expert report, video recordings) is also used for the civil claim.
No court fee paid upfront. The victim does not pay a fee when bringing the claim; if the defendant is convicted, the costs, including those incurred by the civil claimant, are ordered against the defendant if this is requested (Art. 189(3) of the Criminal Procedure Code).
The prosecutor bears the burden of proving the offence. You mainly have to prove the amount of the damage.

Risks and limitations

Not all proceedings allow a civil claim. It is not allowed in expedited proceedings (Art. 359(3) of the Criminal Procedure Code), nor where the case is heard under the procedure for release from criminal liability with an administrative penalty (Art. 376(3) of the Criminal Procedure Code). If the case goes down one of these routes, you will have to seek compensation before the civil court.
A plea agreement between the prosecutor and the defence. Where the offence has caused pecuniary damage, an agreement is allowed only after that damage has been made good or secured (Art. 381(3) of the Criminal Procedure Code). The requirement relates to pecuniary damage; compensation for pain and suffering is often left for a separate civil case.
If the criminal proceedings are discontinued in the trial phase, the civil claim is not heard, but it may be brought before a civil court (Art. 88(3) of the Criminal Procedure Code).
Duration. Hearing the civil claim cannot be a reason to adjourn the criminal case (Art. 88(2) of the Criminal Procedure Code), but the criminal case itself sometimes lasts for years, especially if there are appeals.

Route two: a separate civil claim under Art. 45 of the Obligations and Contracts Act

Regardless of the criminal case, anyone who culpably causes damage to another is obliged to make it good (Art. 45(1) of the Obligations and Contracts Act, Закон за задълженията и договорите, ЗЗД). In tort, fault is presumed until proven otherwise (Art. 45(2) of the Obligations and Contracts Act). This means that the attacker has to prove that they are not at fault, not that you have to prove that they are.

If the assault was committed by several people, they are jointly and severally liable (Art. 53 of the Obligations and Contracts Act): you can claim the whole amount from each of them. If the attacker is a minor living with their parents, under Art. 48 of the Obligations and Contracts Act the parents are also liable, unless they were unable to prevent the damage.

When is a separate claim the better choice?

When there is no criminal case, for example the prosecutor's office has refused to open proceedings and you do not want to pursue a private prosecution.
When you have missed the deadline for a civil claim in the criminal case.
When the criminal case ends under a procedure that does not allow a civil claim.
When you want to sue another person as well, for example the attacker's employer under Art. 49 of the Obligations and Contracts Act.
When you want control over the case: you decide on the evidence, the expert reports and the pace.

How the two cases are connected

The civil court does not ignore the criminal proceedings. A final criminal judgment is binding on the civil court as to whether the act was committed, its unlawfulness and the perpetrator's guilt (Art. 300 of the Civil Procedure Code, Гражданския процесуален кодекс, ГПК). A plea agreement approved by the court has the effect of a final judgment (Art. 383(1) of the Criminal Procedure Code).

Conversely, if the criminal case is still pending, the civil court may stay the civil case until it is concluded (Art. 229(1)(4) and (5) of the Civil Procedure Code). This means that the two routes often end up taking the same time. One more important point: you cannot bring the same claim in both sets of proceedings. A civil claim cannot be brought in the criminal case if it has already been brought under the Civil Procedure Code (Art. 84(2) of the Criminal Procedure Code).

From our practice: If the criminal case ends in an acquittal, compensation under the civil claim in that case usually falls away, and whether and on what terms it can be sought by another route is a complex question that depends on the reasoning of the judgment. That is why the choice of route should be made after reviewing the evidence in the investigation, not out of habit.

Comparison: which route when

Question	Civil claim in the criminal case	Separate civil claim
Legal basis	Art. 84 of the Criminal Procedure Code in conjunction with Art. 45 of the Obligations and Contracts Act	Art. 45 of the Obligations and Contracts Act (and Art. 49 where there is a principal/employer)
Deadline	Before the preliminary hearing; in private cases, before the judicial investigation (Art. 85(3) of the Criminal Procedure Code)	5-year limitation period from the identification of the perpetrator (Art. 110 and Art. 114(3) of the Obligations and Contracts Act)
Court fee	Not paid upfront	4% of the amount claimed, minimum EUR 25.56
Who proves the act	The prosecutor (in private cases, the private complainant)	The claimant, but fault is presumed (Art. 45(2) of the Obligations and Contracts Act)
Main risk	The case is discontinued or proceeds under a procedure without a civil claim	Stay until the criminal case is concluded
Court	The criminal court hearing the case	District court; regional court for claims over BGN 25,000 (≈ EUR 12,782), Art. 104(4) of the Civil Procedure Code

What to do immediately after an assault

Seek medical help the same day (112 or an emergency department) and tell the doctor how you were injured.
Obtain a forensic medical certificate. It describes the injuries from a forensic medicine perspective and is strong evidence for the classification. Do this as soon as possible, because bruises and swelling fade.
Report the incident to the police or on 112. Ask for a reference number.
Photograph the injuries over several consecutive days, so that their progression can be seen.
Note down the witnesses and secure video footage from shop and entrance cameras and phones. Camera recordings are deleted automatically after a short period, so ask for them to be preserved straight away.
Keep all documents for expenses: examinations, medicines, tests, rehabilitation, fees, sick-leave certificates.
Watch the deadlines. If you receive a notice that the pre-trial proceedings have been suspended because the offence is prosecuted on complaint, the six-month deadline runs from that day.

What damage is compensated and how is the amount determined?

Compensation is owed for all damage that is the direct and immediate consequence of the harm (Art. 51(1) of the Obligations and Contracts Act).

Non-pecuniary damage

Pain, suffering, fear, humiliation, sleeplessness, limitations in daily life, permanent scars. The compensation is set by the court on the basis of fairness (Art. 52 of the Obligations and Contracts Act). The courts follow the criteria laid down as far back as Resolution No. 4 of 1968 of the Plenum of the Supreme Court: the nature and severity of the injury, the length of treatment, age, the consequences for personal and professional life, and the psychological impact. There is no "table" of amounts; every case is individual.

Pecuniary damage

treatment costs: examinations, medicines, tests, operations, rehabilitation;
lost income for the period of incapacity for work, to the extent not covered by sick-leave benefit;
damaged belongings: a broken phone, glasses, torn clothes.

Every sum must be proved with a document and linked to the assault.

Interest

In tort, the debtor is in default even without a demand (Art. 84(3) of the Obligations and Contracts Act), so statutory interest is usually awarded from the date of the harm. From 1 January 2026 its rate is the ECB's main refinancing rate plus 8 percentage points (Council of Ministers Decree No. 347/2025).

Mutual fighting and "provocation"

If the victim contributed to the damage themselves, for example by starting the fight, the compensation may be reduced (Art. 51(2) of the Obligations and Contracts Act). In the case of minor bodily injury, if the victim immediately responded in kind, the criminal court may release both parties from punishment (Art. 130(3) of the Criminal Code). That is why it matters exactly what the witnesses and recordings show about how the incident started.

How the claim is proved

The evidence under both routes is similar:

medical records: outpatient sheets, discharge summaries, imaging, the forensic medical certificate;
forensic medical expert report: ordered by the court, it establishes the type of injuries, the mechanism, the recovery period and whether there are lasting consequences;
psychological or psychiatric expert report: in cases of fear reactions, insomnia, post-traumatic stress;
witnesses: to the assault itself and to your condition afterwards;
video recordings and photographs;
documents on expenses and income.

If the case is publicly prosecuted, much of this evidence will already have been gathered in the pre-trial proceedings. In a case on complaint and in a separate civil claim, you gather it yourself, with the help of a lawyer.

A private prosecution on complaint: what to watch out for

Where the injury is a minor bodily injury, the case against the attacker is conducted on your complaint. The complaint must be in writing and signed, with details about you, the perpetrator and the circumstances, and proof of payment of the court fee must be attached (Art. 81(1) and (2) of the Criminal Procedure Code). The deadline is six months from the day you learned of the offence, or from the notice that the pre-trial proceedings have been suspended (Art. 81(3) of the Criminal Procedure Code).

As a private complainant, you can also join as a civil claimant (Art. 82(2) of the Criminal Procedure Code). The risk is that if the defendant is found not guilty, the costs of a case brought on complaint are ordered against the private complainant (Art. 190(1) of the Criminal Procedure Code). That is why, before filing a complaint, it is sensible to assess the strength of the evidence. The same logic (a private complaint, a short deadline and a choice between the criminal and civil routes) also applies to insult and defamation on social media.

The most common mistakes made by victims

They wait for "the police to sort it out" and miss the deadline for a civil claim or a complaint.
They do not obtain a forensic medical certificate in the first few days.
They do not document their expenses: receipts get lost, and without them pecuniary damage is not awarded.
They accept "an apology and a bit of money" without a written agreement making clear what is being paid for and whether they are waiving their remaining claims.
They underestimate the psychological consequences. Fear of going outside or insomnia are also damage, but they have to be proved.

Similar logic (civil liability and proof of non-pecuniary damage) underlies claims against municipalities, for example for a stray dog bite or a fall caused by a broken paving slab. For a tort claim, our personal injury lawyers in Bulgaria can help.

Frequently Asked Questions (FAQ)

Can I get compensation for bodily injury if the attacker has not been convicted?

Yes. You can file a separate civil claim under Art. 45 of the Obligations and Contracts Act without waiting for a criminal judgment. In tort, fault is presumed, but you must prove the assault itself, the injuries and the damage. If the criminal case is running in parallel, the civil court may stay the case until it is concluded.

What is the deadline for bringing a civil claim in the criminal case?

In publicly prosecuted cases, no later than the opening of the preliminary hearing; in cases on complaint, before the start of the judicial investigation at first instance (Art. 85(3) of the Criminal Procedure Code). After these points only a separate civil claim remains.

Do I pay a fee for a civil claim in the criminal case?

No court fee is paid when the claim is brought. If the defendant is convicted, the court orders them to pay the costs, including those incurred by the civil claimant, if requested (Art. 189(3) of the Criminal Procedure Code). For a separate civil claim, the fee is 4% of the amount claimed, but not less than EUR 25.56.

What is minor bodily injury and who prosecutes it?

Minor bodily injury is impairment of health that does not reach the level of moderate or serious injury, as well as causing pain without impairment of health (Art. 130 of the Criminal Code). As a rule it is prosecuted on the victim's complaint (Art. 161 of the Criminal Code), filed with the court within six months. We also describe in detail how a private prosecution on complaint works in our article on defamation and insult on social media.

How much money can I get for an assault?

There is no fixed amount: non-pecuniary damage is assessed on the basis of fairness (Art. 52 of the Obligations and Contracts Act) according to the severity and duration of the injury, age and the consequences. Pecuniary damage is reimbursed according to proven expenses. The cases against municipalities described in our guide how to sue the municipality for damage also give an idea of how the courts assess injuries.

Can I sue the attacker's employer?

Yes, if the assault was committed in the course of or in connection with the work assigned, for example by a security guard or a member of staff at a venue. The principal is liable under Art. 49 of the Obligations and Contracts Act, and in the criminal case the claim can also be brought against them as a civil defendant (Art. 86 of the Criminal Procedure Code). The same construct (liability of the principal) underlies claims for a stray dog bite.

What happens if the case ends with a plea agreement?

An approved plea agreement has the effect of a final judgment (Art. 383(1) of the Criminal Procedure Code), and the civil court is bound by it as to the act and the guilt. If compensation for non-pecuniary damage is not settled in the agreement, you can seek it with a separate civil claim.

The attacker has no assets. Is it worth suing?

The judgment and the writ of execution usually remain effective for a long time, and collection can continue against the debtor's future income or assets. We explain how enforcement works in our article on how to collect an unpaid debt through a bailiff.

Will my compensation be reduced if I hit back too?

Possibly. If you contributed to the damage, the compensation may be reduced (Art. 51(2) of the Obligations and Contracts Act). In the case of minor bodily injury to which you immediately responded in kind, the criminal court may release both parties from punishment (Art. 130(3) of the Criminal Code).

How long do I have for a separate civil claim?

The general limitation period is 5 years (Art. 110 of the Obligations and Contracts Act) and runs from the identification of the perpetrator (Art. 114(3) of the Obligations and Contracts Act). If the attacker is unknown, the limitation period starts to run when they are identified. Do not delay: witnesses forget, and recordings get deleted.

How do I choose a lawyer for a case like this?

Look for experience in both criminal and civil proceedings, because the choice of route is strategic. You will find a useful list of questions in our article on how to choose a good lawyer.

How can we help you?

After an assault, the first few weeks decide a great deal: whether there will be a forensic medical certificate, whether the recordings will be preserved and whether the deadlines for a complaint and a civil claim will be met. The right choice between a civil claim in the criminal case and a separate civil lawsuit depends on the classification of the injury, the evidence and how the investigation develops.

Mechkova & Dimitrova Law Firm will review the medical documents and the investigation materials, assess which route is more advantageous, prepare the complaint, the civil claim or the statement of claim, and represent you in court. The information in this article is general and does not guarantee a particular result. Contact us to have your case reviewed.

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