Enforcement and defence of damages claims
Whether caused by a breach of contract, an accident or a tort – losses that have been incurred should be compensated. It is equally important to reject unjustified demands. We examine claims carefully and represent you both out of court and in court.
The key points at a glance
Legal bases for claims
Claims for damages arise in particular from breaches of duty within a contractual relationship (§ 280 BGB) or from tort (§ 823 BGB). As a rule, fault is required. In certain areas, strict liability applies irrespective of fault.
Extent of compensation
The injured party is to be placed in the position they would have been in had the damaging event not occurred. Compensation covers material losses and, in the case of injury to body, health, liberty or sexual self-determination, also reasonable compensation for pain and suffering. Contributory negligence on the part of the injured party reduces the claim.
Burden of proof
In principle, the claimant must set out and prove the facts on which the claim is based, including causation and the amount of the loss. In the case of contractual breaches of duty, fault is presumed.
Limitation
Damages claims generally become time-barred after three years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware, or ought to have become aware, of the relevant circumstances.
How we proceed
We examine the basis of liability, the amount of the loss, the evidence and limitation, and give you a realistic assessment.
We assert the claim in writing or reject unjustified demands and, where appropriate, involve liability or legal expenses insurers.
If no agreement is reached, we represent you in court proceedings and keep the possibility of a settlement under review at all times.
Frequently asked questions
What do I have to prove as the injured party?
As a rule, you must set out and prove the damaging event, causation and the amount of the loss. You should therefore keep receipts, photographs and correspondence carefully.
Will my insurer defend the claim?
A liability insurer examines the question of liability and, in principle, defends against unjustified claims at its own expense. This is conditional on you reporting the incident in good time and fulfilling your obligations under the policy.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich