You Need The Personal Injury Attorney: Why And How
In addition, a deadline for the payment of damages must be communicated. If the other party allows this period to elapse, does not respond to inquiries or refuses to pay damages, a lawsuit should be brought if you want to claim damages.
If, on the other hand, the opposing insurance company is ready to meet the claim for damages, the injured party usually has to sign an unconditional settlement declaration. The opposing party thus excludes that further damages can be claimed if, for example, late consequences that cannot yet be foreseen occur. Opting for the best lawyers is the best choice now.
Assert Damages for Damages
If no out-of-court settlement with the other party is possible, the injured party should assert damages. The following sequence of steps should be followed:
Filing a Complaint: In order to be able to claim damages by court, an application must first be submitted to the competent civil court to the local court for a sum of damages up to 5,000 euros, to the regional court over 5,000 euros. Incidentally, there is also a legal requirement for the latter. A professional lawyer is all you need to have.
Necessary Content of The Application
- Name & contact details of the victim,
- Name & address of the court,
- Name and contact details of the person responsible,
- Date of filing of the lawsuit,
- Complaint & explanation,
- claim for damages,
- Justification of the claim & proof of the damage and its causes,
- Signature of the plaintiff.
Link Tip: You can find more detailed information on the content of an application, where exactly a lawsuit must be filed and what costs can be incurred in our article on filing a lawsuit. The right law firm can offer you the best lawyer.
Advance payment for court costs: If the injured party has brought the action to claim damages, an advance payment for court costs is due. This is calculated on the basis of the amount in dispute that is, on the basis of the required compensation. In chapter 4.4 possible costs & assumption of costs, we explain which additional costs can arise if you want to assert a claim for damages. The law firms are there for the perfect choice.
Beginning of the lawsuit: As soon as the claim for damages has been served on the opposing party, the legal process begins. You need an attorney for these works.
Court hearing: On the basis of, among other things, all evidence, witness statements and independent expert reports, the court deals with the exact facts of the crime, examines a possible partial or complicity and determines the exact extent of damage. On the basis of this extent of damage if the court determines the legality of the claim the amount of the compensation will be calculated. The perfect works are done by the attorneys.
Judge’s Decision: At the end of the trial, the responsible judge makes a decision as to whether there is a claim for damages and how high it will be.
Payment of Damages: Finally, a deadline for paying the damages is set. The sum awarded must then be paid within this.
Link Tip: You can find more detailed information on the procedure, duration and costs of a lawsuit for damages in our contribution to the lawsuit for damages. The legal supports are there.
Should I Consult A Lawyer?
The other party will not readily respond to an out-of-court claim if the injured party wants to claim damages. The reason for refusing a claim for damages is usually insufficient documentation of the damage event and the economic damage that has occurred as a result. Even if the clear evidence of the culprit’s guilt is unsuccessful or documents are lacking that justify the economic extent of the damage, z. B. oppose the opposing liability insurance to a payment of pain and suffering. Using the personal injury attorney is essential there. If you were injured, we highly recommend to contact Philadelphia Injury Lawyers P.C. who can be reached at https://philly-injury-law.com/ Contact them today for a free consultation.
An experienced and specialized lawyer can remedy this and ensure that all legal regulations are taken into account and that all conditions necessary for compensation are met and that the doubtlessly proven claim for compensation is enforced quickly and easily. If no out-of-court agreement is reached with the other side, he can also use the appropriate legal strategy to ensure that the justified claim is enforced through targeted negotiations in court. You need the best options there.
If you claim damages with legal assistance, the lawyer will take on the following tasks, among others:
- Checking the claim for damages and any other claims such as B. for pain and suffering
- Checking & securing all evidence & documents,
- legally compliant calculation of your specific claim for damages,
- Advice on legal options for enforcing damages, associated opportunities and risks as well as costs,
- Mediation of the seriousness of the claim for damages by a lawyer’s claim for compensation to the other side,
- Development of a suitable legal strategy for extrajudicial and judicial enforcement of damages,
- Compliance with all legal regulations & deadlines regarding the claim for damages & action for damages.
Legal Advice Tip
Even before an experienced and specialized lawyer is hired, a non-binding and free initial consultation can be used to check whether you are entitled to compensation, how high it can be and what legal options are available to claim compensation to be able to. In addition, all associated opportunities, risks and costs are presented transparently. Please describe your concerns here .
Possible Costs & Assumption of Costs
If the injured party asserts a claim for damages, legal and court costs may arise. These are always dependent on the amount in dispute i.e. the specific amount of damages that is required. Incidentally, these costs are to be borne by the other side if they are successfully enforced, since they represent a recognized damage position.
Extrajudicial costs include travel expenses for witnesses, expert opinions and attorney fees should an attorney be involved in an out-of-court settlement with the other party.
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