Classify the key dates and the current status of your claim.
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.
For damages claims, the relevant issue is often when you knew about the loss and the person responsible for compensation. Section 1489 ABGB generally provides three years from that knowledge. The exact start, suspension or other effect of procedural steps depends on the circumstances and the claim.
Answer the questions based on what you know today. The result is a cautious classification, not a calculation of a specific limitation date.
This check does not calculate a binding deadline. It indicates whether a prompt assessment may be appropriate, which information about the start of the period is missing and which documents to prepare.
The relevant knowledge will generally concern both the loss and the person responsible. The date of the event alone is not always enough.
Create a chronology covering the event, first knowledge of the loss, knowledge of the person responsible and all later contacts. Link each date to the relevant message or document.
Whether this produces a specific limitation date can only be assessed after reviewing the claim and possible special rules.
Create a chronology covering the event, first knowledge of the loss, knowledge of the person responsible and all later contacts. Link each date to the relevant message or document.
Whether this produces a specific limitation date can only be assessed after reviewing the claim and possible special rules.
Create a chronology covering the event, first knowledge of the loss, knowledge of the person responsible and all later contacts. Link each date to the relevant message or document.
Whether this produces a specific limitation date can only be assessed after reviewing the claim and possible special rules.
Collect the documents concerning the loss, your knowledge of the person responsible and every previous contact. Do not rely only on conversations or general assurances where their legal effect is uncertain.
A prompt assessment should establish whether the claim can still be pursued and which measure is required in the specific case.
Collect the documents concerning the loss, your knowledge of the person responsible and every previous contact. Do not rely only on conversations or general assurances where their legal effect is uncertain.
A prompt assessment should establish whether the claim can still be pursued and which measure is required in the specific case.
Collect the documents concerning the loss, your knowledge of the person responsible and every previous contact. Do not rely only on conversations or general assurances where their legal effect is uncertain.
A prompt assessment should establish whether the claim can still be pursued and which measure is required in the specific case.
Assemble the complete file with the event, loss, responsible person, dates of knowledge and all previous steps. In particular, have it checked whether a period is already running and which concrete measure can preserve the claim.
This check cannot assess suspension, interruption, acknowledgment or other effects. Those issues must be examined using the original documents.
Assemble the complete file with the event, loss, responsible person, dates of knowledge and all previous steps. In particular, have it checked whether a period is already running and which concrete measure can preserve the claim.
This check cannot assess suspension, interruption, acknowledgment or other effects. Those issues must be examined using the original documents.
Assemble the complete file with the event, loss, responsible person, dates of knowledge and all previous steps. In particular, have it checked whether a period is already running and which concrete measure can preserve the claim.
This check cannot assess suspension, interruption, acknowledgment or other effects. Those issues must be examined using the original documents.
Separate the date of the event, the occurrence of the loss, knowledge of the loss and knowledge of the person responsible. Also record which steps have already been taken and what response was received.
Not necessarily. For a claim under section 1489 ABGB, the relevant point is generally knowledge of the loss and the person responsible. The event date and the knowledge date may therefore differ.
A report may be important for the chronology. Whether it affects limitation or sufficiently asserts the claim depends on its content, recipient and the circumstances.
No. The claim type, dates of knowledge, possible special rules and previous steps must first be assessed using the original documents.
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Check which evidence for event, cause and loss is still missing.
This check provides general orientation on Austrian law. It does not replace an assessment of your individual matter.
Send the key facts and documents. We will organise the claim, evidence, valuation and the next safe step.
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