Damages.
A loss alone does not establish a claim. We assess damage, causation, wrongfulness and fault, preserve evidence, value each item and keep limitation and enforcement in view.
Mag. Bernhard Brandauer, Rechtsanwalt
BRANDAUER Rechtsanwälte · Damages and civil law
Details decide a damages claim: cause, evidence, each head of loss and the applicable deadline. We put these levels into a clear order and represent your interests in negotiations and in court.
From loss to claim, step by step.
The first assessment can start anywhere in Austria by phone or video. The key is to organise the facts, evidence, heads of loss and deadlines together.
Initial assessment
We identify the legal basis, possible defendants, insurers and urgent deadlines, and show which facts still require evidence.
Documents online
Medical records, invoices, photographs, contracts and correspondence can be submitted securely and arranged in a reliable chronology.
Next steps
After the assessment you know what evidence is missing, how the loss can be valued and whether a demand, negotiation or court action is appropriate.
We advise clients throughout Austria digitally and in person. Our office is at Giselakai 51 in Salzburg; meetings are also available by video or phone.
Classify the loss and the claim.
Six entry points lead from the type of loss to evidence, valuation, negotiation and limitation.
Accident, traffic and insurance
Assess the accident, liability share, operational risk, contributory negligence, liability insurance and evidence from the scene together.
Learn more →Personal injury and recovery costs
Document treatment, medical records, recovery costs, care needs, loss of earnings and medical causation.
Learn more →Property and financial loss
Separate repair, replacement value, diminution, loss of use, consequential expenditure and lost profit.
Learn more →Professional loss and lost earnings
Assess income history, incapacity for work, self-employment, reduced earning capacity and future professional disadvantage.
Learn more →Pain compensation and future loss
Classify periods of pain, permanent consequences, psychological effects, care and additional needs, and future loss.
Learn more →Evidence, negotiation and limitation
Turn chronology, expert evidence, settlement, declaratory action, cost risk and limitation into an early strategy.
Learn more →Claim check
Classify the legal basis, possible defendant, loss, evidence and open questions in a few steps.
Check the claim, classify the case and plan next steps
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1. Is there a legal basis?
Six questions determine the next step.. Damage, causation, wrongfulness and fault are assessed separately. Contract, strict liability or a protective statute can change the analysis.
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2. What evidence supports the case?
A chronology connects photographs, records, invoices, contracts, messages and witnesses to the breach and each consequence.
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3. How is the claim valued?
Each item needs a basis, period, amount and evidence. Repair, diminution, treatment costs, lost earnings and future losses are kept separate.
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4. Does contributory negligence apply?
A contribution by the injured person to the occurrence or increase of the loss may reduce recovery. The concrete contribution of both sides matters.
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5. Which limitation period applies?
Knowledge of loss and defendant, long-stop periods, settlement talks and court action must be tested against the actual dates.
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6. How is the claim enforced?
Demand, insurer correspondence, settlement, partial or declaratory action depend on evidence, development of the loss, limitation and cost risk.
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Traffic accident
From traffic accidents to professional negligence.. Reconstruction, liability share, operational risk, insurers, vehicle damage and personal injury.
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Personal injury
Treatment costs, pain compensation, lost earnings, care, permanent effects and medical causation.
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Property and financial loss
Repair, replacement, diminution, loss of use, lost profit and wasted expenditure.
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Contracts and advice
Breach before or during performance, incorrect information, third-party protection, and professional liability.
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Medical negligence
Treatment or informed-consent errors, hypothetical course, medical records, expert evidence and burden of proof.
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Product and manufacturer liability
Product defects, instructions and warnings, manufacturer, retailer, insurer and evidence before the product is altered.
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Tools
Interactive orientation.
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Glossary
Key terms on claims, evidence, limitation and enforcement explained concisely.
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Checklists
Structured preparation.
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Claim check
Prepare the case in a structured way.. Initial orientation on the legal basis, possible defendant, loss, evidence and open questions.
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Documentation check
Record the chronology, heads of loss and available documents before important evidence is lost.
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Current articles
Detailed guidance on evidence, contributory negligence, limitation, settlement, personal injury, insurance and special liability cases.
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A damages claim needs a reliable chain of evidence.
schadenersatz-anwalt.at is the specialist portal of BRANDAUER Rechtsanwälte in Salzburg. We advise injured persons and businesses on personal injury, property and financial loss, insurance matters, and contractual and non-contractual liability. The focus is not a speculative total but a verifiable chain: What happened? Who breached which duty? What loss resulted? Which evidence supports each item? Which deadline applies? This provides the basis for the next out-of-court or court step.
Quick answers.
What are the basic requirements of an Austrian damages claim? +
Which documents should I preserve first? +
How is the amount of loss determined? +
What is contributory negligence? +
When does a damages claim become time-barred? +
Does every damages case have to go to court? +
Loss documented, claim unclear or a deadline open?
Send the key facts and documents. We will organise the claim, evidence, valuation and the next safe step.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000