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In order to be able to claim damages, the claim for damages must not yet be time-barred. According to the experts, this expires after three years. This period commences at the end of the year in which the damage event occurred and the injured party became aware of the damage and the injuring party. Opting for the best lawyers is the best choice now.
Example: A collision in May 2018 resulted in considerable damage to the car, which justifies a claim for damages. Since the person responsible for the accident could be found one day after his driver’s flight, the limitation period begins on December 31, 2018 and consequently ends on December 31, 2021. A professional lawyer is all you need to have.
However, other limitation periods apply if the injuring party or the extent of the damage is unknown or not yet foreseeable. In this context, § 199 BGB differentiates between the following deadlines:
- Statute of limitations of 10 years if the injured party is unknown,
- Statute of limitations of 30 years if the extent of the damage cannot be estimated.
After 30 years, you can generally no longer claim compensation all claims are time-barred after this period. The right law firm can offer you the best lawyer.
Link Tip: You can find more detailed information on the statute of limitations for damages and which special conditions and regulations need to be observed in this context in our article on the statute of limitations for damages. You can go for the top personal injury lawyers now. If you were injured, Contact Philadelphia Injury Lawyers P.C. for a free consultation.
How Much Compensation Can I Get?
In order to be successful if you want to claim damages, the exact amount of damage must be calculated. The calculation follows the principle that damage suffered must be compensated financially. This compensation must not go beyond what is necessary to repair the damage that is, the injured party must position the injured party as it would if the damaging event had not occurred. The law firms are there for the perfect choice.
In order to calculate the exact amount if you want to claim damages, the extent and severity of any damage, possible permanent damage and the associated costs must be taken into account. You need an attorney for these works. Three methods are used to determine the amount of damages:
Difference Method: When calculating claims for damages, this method is often used, in which the actual financial situation after the damage event and the theoretical financial situation are juxtaposed without damage. The difference is then to be claimed as damages. The perfect works are done by the attorneys.
Concrete Damage Calculation: This method is used if the damage incurred can be clearly determined and proven e.g. B. by an invoice. The sum shown there can then be claimed as damages. The legal supports are there.
Abstract Damage Calculation: If the amount of the compensation cannot be determined by any other method, this method has to be used here the damage typically occurring in the event of damage is taken as a basis. For example, the sum that a repair in a specialist workshop would have cost can be claimed as compensation. However, this method is only used very rarely when compensation is to be asserted, since calculating a concrete claim in this way is always very difficult.
Legally Secure Calculation Of Damages:
The error-free and legally compliant calculation of claims for damages is often complicated. An experienced and specialized lawyer can assist you in calculating your damages and determine an appropriate amount in accordance with the law using comprehensive documentation.
would you like to claim damages with legal assistance? Then contact us for a free and non-binding initial consultation with one of our experienced and specialized lawyers. You need the best options there.
How Can I Claim Damages?
In order to be able to claim damages, an out-of-court settlement with the opposite party should be sought first. If this is not possible, a claim for damages can be asserted in court. We will now explain what should be considered and what pitfalls can occur.
Out Of Court Settlement
In order to reach an out-of-court settlement if you want to assert a claim for damages, a written claim for damages must first be sent to the other party i.e. the injuring party or its insurance company. In this context, a detailed description of the damage event and the resulting damage is recommended this increases the chances of a quick extrajudicial settlement if you want to claim damages. Therefore, the following documents should be attached to the letter:
- unequivocal evidence of the cause of damage & the damaging party,
- Doctor, police and insurance reports for the flawless proof of economically measurable damage,
- correct calculation of damages.
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