What you must prove
1) that damage was caused, and its amount; 2) the unlawful act (or failure to act) of the defendant; 3) the causal link between the act and the damage. Under article 985 of the Civil Code, the person who caused the damage proves the absence of fault: that person is released from liability only if they prove the damage was caused without their fault. When a contractual obligation is broken, the party who broke it also proves the absence of fault (article 333).
Types of damage
Under article 14 of the Civil Code: actual damage is property lost or harmed, and the costs a person has paid or will have to pay to restore the right that was broken. Lost profit is the income the person would have received in the ordinary conditions of civil turnover if the right had not been broken.
How to collect evidence
Photographs and video, reports, an expert opinion, a repair estimate, receipts and contracts, and the details of witnesses.
Liability regardless of fault
Under article 999 of the Civil Code, persons whose activity creates increased danger for those around them (transport organisations, industrial enterprises, construction sites, owners of vehicles and others) must compensate the damage caused by the source of increased danger. They are released from liability only if they prove the damage arose from force majeure or from the intent of the injured person. A person who breaks an obligation in business activity also answers as a rule unless they prove force majeure (article 333).