Preparing the first consultation about damages
The clearer the facts and the more complete the documents, the faster a damages case can be assessed. This checklist helps you prepare the key information for the consultation.
What information and documents to prepare for a first consultation about a damages claim in Austria: event, losses, evidence, insurance and next steps.
In a damages case, the decisive information is often spread across an accident report, medical records, invoices, emails or an insurer’s correspondence. For the first consultation, it therefore matters not only what happened. The timeline, the concrete consequences and the evidence connecting the event to the loss are just as important.
Collect the documents already available and note the open points. Missing documents can be supplied later. A chronological and honest account is more useful than a premature legal assessment.
This checklist is particularly suitable for traffic accidents, personal injuries, property damage and professional losses. If someone has died or several people are affected, record each person and each loss separately.
Work through the points before the appointment. You can tick off each point; the status remains saved on your device. Store documents containing sensitive data securely and transmit them only through an agreed channel.
0 of 36 points completed
01 Record the event in chronological order
A clear sequence shows which facts need to be examined later.
02 Compile people and contact details
Complete contact details make it easier to allocate the case.
03 Organise injuries and health consequences
Health consequences should be traceable from the first examination to the current situation.
04 Document property damage and financial losses
Invoices and comprehensible calculations help determine the amount of loss.
05 Secure evidence and insurance information
Evidence shows not only the loss but also its cause and sequence.
06 Prepare deadlines and the desired outcome
The next useful step also depends on what has already been said or promised.
Which points matter legally
Under section 1295 ABGB, a damages claim generally requires a loss and a legally relevant connection between the conduct and that loss. Section 1293 ABGB describes damage as an impairment of property or person. The checklist therefore records the cause, concrete consequences and evidence separately.
In cases of personal injury, section 1325 ABGB may cover, among other things, medical costs, loss of earnings and compensation for pain and suffering. Shared responsibility is addressed by section 1304 ABGB. The specific assessment depends on the sequence of events, the conduct of all parties and the evidence.
Section 1489 ABGB is also relevant for many damages claims. The regular limitation period generally begins when the claimant knows of the loss and the person liable. Special rules and interruption events may change the assessment. Bring all dates showing knowledge, payments or negotiations to the consultation.
This checklist is a general guide for preparing a first consultation under Austrian law. Which claims exist, which deadlines apply and which evidence is sufficient can only be assessed on the basis of the specific facts.
Bring the documents securely to the consultation
Arrange the key documents in chronological order. Start with the event report, followed by medical records, invoices, correspondence and insurance details. This makes it easier to identify missing points during the consultation.
Further steps in a damages case
Organise damage documents
Compile documents, evidence and loss items for further assessment.
Document an accident
Record the sequence of an accident and the first evidence in a structured way.
Claim check
Sort the key facts of a possible damages claim before the consultation.
Accidents, traffic and insurance
Orientation on common damages questions after traffic accidents and insurance events.
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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.
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.
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