Damages
Tools and checks

Damage documentation check

Organise your evidence and identify which documents are still missing for a further assessment.

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.

In a damages matter, the loss itself is not the only issue. It is often important to show the event, its cause, the amount of the loss and the consequences in a clear and traceable way.

Answer the questions based on what you know today. The result places your documentation in one of three levels and suggests practical next steps.

Tools and checks

Damage documentation check

This interactive check does not calculate the amount of your claim. It shows how reliable your documentation currently is and which documents you should collect next.

01 Question 1

How complete is your documentation of the event?

Result

Your orientation

01

Documentation well organised

Arrange the documents chronologically and separate event, cause, loss and consequential costs. Then check whether each important figure is linked to supporting evidence.

A legal assessment can now focus on the remaining issues.

02

Documentation well organised

Arrange the documents chronologically and separate event, cause, loss and consequential costs. Then check whether each important figure is linked to supporting evidence.

A legal assessment can now focus on the remaining issues.

03

Documentation well organised

Arrange the documents chronologically and separate event, cause, loss and consequential costs. Then check whether each important figure is linked to supporting evidence.

A legal assessment can now focus on the remaining issues.

04

Documentation has identifiable gaps

Secure missing photos, messages, medical reports, repair records or income documents as soon as possible. Also note the people who directly observed the events.

Do not add later notes without marking them. Record when a document was created or a conversation took place.

05

Documentation has identifiable gaps

Secure missing photos, messages, medical reports, repair records or income documents as soon as possible. Also note the people who directly observed the events.

Do not add later notes without marking them. Record when a document was created or a conversation took place.

06

Documentation has identifiable gaps

Secure missing photos, messages, medical reports, repair records or income documents as soon as possible. Also note the people who directly observed the events.

Do not add later notes without marking them. Record when a document was created or a conversation took place.

07

Preserve evidence first

Secure the current condition first with dated photos, a short chronology, preserved originals and a note about expected changes. If evidence may be lost, promptly assess which form of evidence preservation is suitable.

Documentation should not delay necessary medical or technical measures.

08

Preserve evidence first

Secure the current condition first with dated photos, a short chronology, preserved originals and a note about expected changes. If evidence may be lost, promptly assess which form of evidence preservation is suitable.

Documentation should not delay necessary medical or technical measures.

09

Preserve evidence first

Secure the current condition first with dated photos, a short chronology, preserved originals and a note about expected changes. If evidence may be lost, promptly assess which form of evidence preservation is suitable.

Documentation should not delay necessary medical or technical measures.

What you can do next

Collect the documents in chronological order. Keep separate notes for each open question: what happened, what caused the loss, how large it is and which consequences continue.

Documents that help prepare the matter

  • A dated chronology of the event, place and people involved
  • Photos or videos with recording time and unchanged original files
  • Invoices, estimates, payment records and insurance documents
  • For personal injury, medical findings, treatment records and evidence of absence from work
  • Correspondence, notices and replies from contractual partners or insurers

Legal framework

  • Section 1295 ABGB provides for compensation for loss caused culpably.
  • Section 1323 ABGB distinguishes restoration and compensation of the assessed value, as well as lost profit.
  • Section 1489 ABGB contains the general three-year limitation period from knowledge of the loss and the person responsible, subject to statutory exceptions.

Do I need to provide an expert report already?

Not always. A clear chronology, meaningful documents and traceable records are often enough for an initial assessment. Whether an expert report is needed depends on the type of loss and the disputed issue.

What if the loss may increase?

Secure the condition and take necessary loss-reduction measures. Record why each measure was necessary and which costs resulted.

Can digital photos and messages support my case?

They can support an assessment. Preserve original files and their timeline, and do not alter the files afterwards.

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Damages after an accident

How cause, responsibility and insurance handling fit together.

Evidence, negotiation and limitation

How to structure documents and the next steps early.

This check provides general orientation. It does not replace an assessment of your 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