Suing for Damages in Costa Rica: What You Can Recover

Suing for Damages in Costa Rica: What You Can Recover and How to Prove It

Suing for damages in Costa Rica means asking a court to make the person who harmed you pay for everything that harm cost you: what you lost, what you could not earn and, in many cases, the stress and disruption it caused. It is the most common way to enforce civil liability here.

The catch is that Costa Rican judges award what you prove, not what you claim. This guide walks through what you can recover, how each type of loss is proven, who can be held responsible and the mistakes that turn a strong case into a disappointing judgment. For the big picture, start with our guide to civil liability in Costa Rica.

The types of loss Costa Rican law recognizes

Costa Rican law separates the financial hit into two pieces. Daño, or direct loss, is what actually left your pocket: the wrecked car, the hospital bill, the wall that had to be rebuilt. Perjuicio, or lost profits, is what you did not earn because of what happened: missed work, a store that could not open, a deal that collapsed.

On top of that sits moral damage, which does not show up on a bank statement but does show up in your life: distress, pain, anxiety, damage to your reputation. The right to full redress comes from Article 41 of the Constitution.

When you can sue for damages in Costa Rica

There are two main scenarios. If the harm comes from a contract the other side broke, the claim rests on Article 702 of the Civil Code; we cover that in breach of contract in Costa Rica. If there was no contract, the claim rests on Article 1045, which makes anyone who causes harm through intent, fault, negligence or carelessness responsible for repairing it.

This guide focuses on the second scenario, the broadest one: neighbor disputes, accidents, falls at businesses, construction damage, false posts that damage your reputation, leaks, and any situation where someone acted carelessly and you paid the price.

What to include when suing for damages in Costa Rica

Suing for damages in Costa Rica successfully starts with organization. A well-built claim breaks the losses into categories and backs each one with its own evidence:

The judgment can also include interest and legal costs, but only if you ask for them expressly.

Moral damages: how they are recognized and valued

Moral damages raise the most questions, especially for people used to U.S. pain-and-suffering awards. Costa Rican courts split them in two. Subjective moral damage is the suffering itself: the anguish after an accident, the frustration of a ruined project. Objective moral damage is harm to reputation or honor that ends up affecting someone’s financial life.

For subjective moral damage, courts have accepted in some cases that it can be inferred from the nature and seriousness of the facts, without exhaustive proof of the suffering. Even so, witnesses or a professional assessment make the claim much stronger. The judge sets the amount based on fairness, reasonableness and proportionality, so the way the claim is presented really matters. Expect awards that are measured, not the large figures sometimes seen in U.S. courts.

Objective moral damage requires proof of the concrete effect, such as clients lost after a false online post.

Causation: where many claims fall apart

Having a loss and a likely culprit is not enough. You have to prove that this loss came from that conduct. Article 704 of the Civil Code limits compensation to losses that are the immediate and direct result of the event.

Here is a common example: construction next door causes cracks in your house. To recover, you need to show the cracks appeared because of the work and not from age, an earthquake or defects in your own home. That is where an engineering report, ideally with a record of the property’s condition before the work began, makes all the difference. The First Chamber of the Supreme Court has developed this requirement in many rulings.

Who has to pay

Identifying everyone who is liable is as important as proving the harm, because it determines whether you can actually collect.

• The person who caused the harm: whoever acted with intent or negligence.
• Those responsible for that person: the Civil Code covers employers and people with others under their care or authority. If an employee caused the harm on the job, the company is usually part of the claim.
• Everyone involved: under Article 1046, when several people take part in the harmful act, they are jointly liable, so you can collect the full amount from any of them.
• Insurers: if the responsible party has liability insurance, the policy can be a source of payment and should be part of the strategy.

Common damage cases between private parties

• Construction damage from a neighbor: cracks, sinking, leaks or damage to shared walls.
• Leaks between condos or units: where the HOA and the condo bylaws may also come into play.
• Falls and injuries at hotels, stores or tour operators: unsafe floors, unmarked steps, poorly maintained facilities. If there is a consumer relationship, no-fault liability under Law 7472 may apply.
• Reputational harm: false posts on social media or review sites that damage a person or business.
• Harm caused by animals, trees or structures: the person in charge of them is responsible.
• Car accidents: these combine property damage, injuries and sometimes a criminal case, and require their own analysis of insurance and liability, which we cover in our personal injury practice.

If the harm was caused by a professional in their line of work, the analysis changes. See malpractice in Costa Rica. If the dispute is really about who owns a property, see land disputes in Costa Rica.

Defenses the other side may raise

The other side will have arguments too, and it pays to know them before you file:

• Force majeure or unforeseeable events: something that could not be foreseen or avoided, breaking the causal link.
• Your own fault: if it was the only cause, it eliminates liability; if it only contributed, it can reduce the award.
• A third party’s act: the harm was caused by someone else.
• Time bar: the deadline to sue has passed.

Anticipating these defenses lets you strengthen the evidence where the case is weakest, instead of discovering the problem in the middle of a hearing.

Deadlines to sue

The general limitation period in the Civil Code is ten years, but shorter periods apply to commercial claims, claims against the State and other special regimes. You also need to know when the clock started and whether anything interrupted it. We explain this in the deadlines section of our guide to civil liability in Costa Rica. The practical advice is simple: do not wait for the other side to respond before having your case reviewed.

How suing for damages in Costa Rica works

1. Preserve the evidence: dated photos, documents, messages, witness details and, if urgent repairs are needed, a record of the condition before they are made.
2. Value each loss: separate direct loss, lost income, future loss and moral damages, each with support.
3. Send a formal demand: a well-drafted letter creates a record and opens the door to a settlement.
4. Negotiate or conciliate: many cases close here, especially when insurers are involved.
5. File the lawsuit: if there is no deal, the case goes to the civil courts and proceeds through oral hearings under the Civil Procedure Code.
6. Prove and collect: expert reports and witnesses support the judgment, which then has to be enforced to get paid.

Check which losses to include in your claim

Answer five questions to see which types of loss you should include in your claim and what evidence to gather for each.

Mistakes that shrink the award when suing for damages

• Repairing before documenting. Once the damage is fixed, proving how bad it was becomes much harder.
• Claiming only the receipts. Lost income and moral damages are often left out when they are not expressly requested.
• Numbers without support. A figure without technical or accounting backing is rarely awarded in full.
• Suing only one party when others were also liable and better able to pay.
• Taking the insurer's first offer without knowing what the case is really worth.
• Posting about the dispute online, which can expose you to a counterclaim.

How AG Legal can help

We assess whether your claim is viable, identify everyone who may be liable, coordinate the right experts and value each loss before anything is filed. If the case can be resolved through negotiation, we pursue that; if not, we take it to court with the evidence properly built. We work in English and Spanish, and if you are suing for damages in Costa Rica from abroad, much of the process can be handled while you are away. If you need guidance on a specific situation, reach us through our contact page. You can also email us directly at info@aglegal.com with a short description of what happened, and we will send you a link to schedule a video call to talk through your case.

Frequently Asked Questions

What is the difference between daño and perjuicio?

Daño is the direct loss to your assets, such as repairs or medical bills. Perjuicio is the income or profit you could not earn because of the event, such as lost wages or sales.

Which law governs damage claims in Costa Rica?

For harm without a contract, Article 1045 of the Civil Code. For contract breaches, Article 702. Article 704 limits compensation to the immediate and direct consequences of the event.

How are moral damages calculated in Costa Rica?

There is no fixed table. The judge sets the amount based on fairness, reasonableness and proportionality, considering how serious the facts are and the evidence presented.

Do I have to prove moral damages?

For personal moral damages, courts have accepted in some cases that they can be inferred from how serious the facts are. Reputational moral damages require proof of the concrete effect. In both cases, evidence strengthens the claim.

Can I sue the company of the employee who harmed me?

In many cases, yes. The Civil Code makes employers liable for harm caused by employees while doing their jobs.

What if several people caused the harm?

Under Article 1046 of the Civil Code, they are jointly liable, so you can collect the full amount from any of them.

Can I recover the income I lost?

Yes, as lost profits, if you show the income was reasonably certain and was lost because of the event.

Does my own fault reduce the compensation?

Yes. If you contributed to the harm, the judge can reduce the award proportionally. If your conduct was the only cause, the defendant is not liable.

How long do I have to sue for damages in Costa Rica?

The general rule in the Civil Code is ten years, but shorter periods apply depending on the type of claim and who is being sued. Check the exact deadline as early as possible.

Should I accept the insurance company's offer?

Not before you know what your case is worth. An early offer may leave out lost income, future losses and moral damages.

Can I recover interest and legal costs?

Yes. Interest and legal costs can be awarded in the judgment, as long as they are expressly requested.

Recommended Reading

• Civil Liability in Costa Rica: Complete Guide
• Breach of Contract in Costa Rica
• Malpractice in Costa Rica
• Personal Injury in Costa Rica
• Land Disputes in Costa Rica

This article is for general information only and is not legal advice for any specific case. Every claim depends on its facts, its evidence and the applicable deadlines. To discuss your situation, contact AG Legal.