Damages
Interactive tool

Claim check for damages

Structure the key points of your matter before assembling documents and a claim.

BRANDAUER Rechtsanwälte
Your contact

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.

A damages claim is not determined only by the fact that a disadvantage occurred. The first assessment usually depends on the harmful event, possible responsibility, the specific loss and the evidence connecting them.

Answer the questions based on what you currently know. The result gives a structured orientation and a useful next step directly on this page.

Interactive tool

Claim check for damages

This check does not calculate a binding amount. It shows which requirements for a damages claim can already be connected and where a legal review should begin.

01 Question 1

What caused the possible loss?

A precise event makes it easier to assess cause, responsibility and timing.

Result

Your orientation

01

Good basis for reviewing the claim

Arrange your documents chronologically and list each loss with its period, amount and supporting document. Separate facts, your own assessment and open questions.

A legal review can now focus on the relevant legal basis and possible objections.

02

Good basis for reviewing the claim

Arrange your documents chronologically and list each loss with its period, amount and supporting document. Separate facts, your own assessment and open questions.

A legal review can now focus on the relevant legal basis and possible objections.

03

Good basis for reviewing the claim

Arrange your documents chronologically and list each loss with its period, amount and supporting document. Separate facts, your own assessment and open questions.

A legal review can now focus on the relevant legal basis and possible objections.

04

Good basis for reviewing the claim

Arrange your documents chronologically and list each loss with its period, amount and supporting document. Separate facts, your own assessment and open questions.

A legal review can now focus on the relevant legal basis and possible objections.

05

Good basis for reviewing the claim

Arrange your documents chronologically and list each loss with its period, amount and supporting document. Separate facts, your own assessment and open questions.

A legal review can now focus on the relevant legal basis and possible objections.

06

Good basis for reviewing the claim

Arrange your documents chronologically and list each loss with its period, amount and supporting document. Separate facts, your own assessment and open questions.

A legal review can now focus on the relevant legal basis and possible objections.

07

Claim with open areas for review

Collect missing photographs, reports, invoices, messages and witness information. Note when each document was created and which fact it is intended to show.

List loss items separately before putting forward a total. This keeps documented amounts distinct from provisional estimates.

08

Claim with open areas for review

Collect missing photographs, reports, invoices, messages and witness information. Note when each document was created and which fact it is intended to show.

List loss items separately before putting forward a total. This keeps documented amounts distinct from provisional estimates.

09

Claim with open areas for review

Collect missing photographs, reports, invoices, messages and witness information. Note when each document was created and which fact it is intended to show.

List loss items separately before putting forward a total. This keeps documented amounts distinct from provisional estimates.

10

A prompt review is sensible

Secure the current condition, original documents and previous correspondence. Record relevant dates and do not create contradictory additions after the fact.

Where a formal deadline, refusal or risk of losing evidence exists, the next step should be assessed promptly.

11

A prompt review is sensible

Secure the current condition, original documents and previous correspondence. Record relevant dates and do not create contradictory additions after the fact.

Where a formal deadline, refusal or risk of losing evidence exists, the next step should be assessed promptly.

12

A prompt review is sensible

Secure the current condition, original documents and previous correspondence. Record relevant dates and do not create contradictory additions after the fact.

Where a formal deadline, refusal or risk of losing evidence exists, the next step should be assessed promptly.

13

A prompt review is sensible

Secure the current condition, original documents and previous correspondence. Record relevant dates and do not create contradictory additions after the fact.

Where a formal deadline, refusal or risk of losing evidence exists, the next step should be assessed promptly.

Useful next step

Documents for preparation

  • Chronology with event, place, parties and consequences
  • Photos, videos and unchanged original files
  • Invoices, estimates and proof of payment
  • Contracts, reports, medical records or proof of lost earnings
  • Correspondence with the other side and insurers

Legal framework

  • Section 1295 ABGB is the general starting point for compensation for culpably caused loss.
  • Section 1323 ABGB describes restoration and compensation where restoration is not possible.
  • Section 1489 ABGB governs the general limitation of damages claims, subject to statutory exceptions.

Does the check show that I definitely have a monetary claim?

No. It sorts the main review areas. Liability, causation, amount, contributory responsibility and limitation must be assessed on the individual facts.

Can I have several loss items?

Yes. List repairs, diminution in value, treatment costs, lost earnings and further expenses separately. A single total without individual evidence makes review harder.

What should I do if the claim was refused?

Keep the complete refusal and its attachments and organise the previous correspondence. The reasons should be compared with your documents and any relevant deadlines.

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Evidence, negotiation and limitation

Structure documents and the next steps in a traceable way from the outset.

Damage documentation check

Check which evidence for event, loss and cause is still missing.

General orientation, not binding legal advice. Whether a claim exists depends on a review of the individual matter.

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.

Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg