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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.
Bereavement damage in Austria: when is compensation available?
Bereavement damage in Austria: compensation for grief, personal closeness, gross negligence, shock damage, evidence and limitation.
Shock damage of close relatives: when is compensation available?
Shock damage of close relatives in Austria: illness, personal closeness, causation, compensation, evidence and limitation.
Psychological impairment after a damaging event: when can damages be claimed?
Psychological impairment after a damaging event in Austria: health injury, shock damage, pain compensation, evidence and limitation.
Treatment error in Austria: damages after personal injury
Treatment error in Austria: medical standard, evidence, causation, limitation and damages after personal injury.
Medical information failure: damages after personal injury
Medical information failure in Austria: risk information, consent, evidence, causation and damages after personal injury.
Settlement and proceedings: staged action and accounting in damages cases
Staged actions and accounting in Austrian damages law: legal basis, information, records, proceedings, settlement and payment.
Settlement and proceedings: partial damages claim
Partial damages claim in Austria: define the clear part, balance, limitation, cost risk and settlement.
Settlement and proceedings: declaratory action for future loss
Declaratory action in Austrian damages law: future loss, limitation, settlement, legal interest and proceedings explained.
Settlement and proceedings: claim where the damage amount is unclear
Claiming damages in Austria when the amount is unclear: section 273 ZPO, partial claims, settlements, evidence and costs explained.
Settlement and proceedings: cost risk of a damages action
Cost risk of a damages action in Austria: value in dispute, procedural costs, partial failure, acknowledgement and settlement explained.
Settlement and proceedings: settlement with a liability insurer
Settlement with a liability insurer in Austria: consent, policy cover, notification and effects on proceedings explained clearly.
Settlement and proceedings: lump-sum settlement for late consequences
Lump-sum settlements for late consequences in Austria: medical prognosis, defined reservations, release wording and payment explained.
Settlement and proceedings: partial damages settlement
Partial damages settlement in Austria: define settled and outstanding heads of loss, payment, reservations and continuing proceedings.
Settlement and proceedings: out-of-court settlement
Out-of-court damages settlement in Austria: scope, payment, open consequences and effects on court proceedings explained clearly.
Contributory fault and limitation: minor injured persons
Austrian damages law: how limitation, legal representation and contributory fault are assessed separately for minor injured persons.
Contributory fault and limitation: acknowledgement and a fresh period
Austrian damages law: how an acknowledgement may interrupt limitation, what must be checked afterwards and how contributory fault is assessed separately.
Contributory fault and limitation: settlement talks
Settlement talks in Austrian damages law: when they may affect limitation and how contributory fault is assessed separately.
Contributory fault and limitation: interruption by court action
Austrian damages law: when a court action interrupts limitation under section 1497 ABGB, what proper continuation means and how contributory fault is assessed separately.
Contributory fault and limitation in continuing consequential loss
Continuing consequential loss in Austria: causation, contributory fault under section 1304 ABGB, limitation under section 1489 ABGB and key records.
Contributory fault and limitation: unknown wrongdoer
Unknown wrongdoer in Austria: knowledge, limitation under section 1489 ABGB, reasonable investigation and contributory fault under section 1304 ABGB.
Contributory fault and limitation after failing to report damage
Failure to report damage in Austria: consequences for insurance, contributory fault and limitation under sections 1304 and 1489 ABGB.
Contributory fault and limitation after delayed medical treatment
Delayed medical treatment in Austria: causation, contributory fault under section 1304 ABGB, limitation under section 1489 ABGB and key records.
Contributory fault and limitation: missing seat belt
Missing seat belt after a traffic accident: contributory fault, injury consequences, proof and limitation under Austrian law.
Causation and proof: estimating loss under section 273 ZPO
Estimating loss under section 273 ZPO in Austria: requirements, evidence, causation, the 1,000 euro rule and current OGH principles.
Causation and proof: preserving evidence before repair
Preserving evidence before repair in Austria: record the condition, avoid loss of proof and prepare a compensation claim.
Causation and proof: the duty to mitigate damage
The duty to mitigate damage in Austria: causation, reasonableness, contributory fault and proof under section 1304 ABGB.
Causation and proof: court-appointed expert opinion
Court-appointed expert opinions in Austrian damages law: causation, proof questions, findings, supplements and review.
Private expert reports in civil proceedings: proof and damages
Private expert reports in Austrian civil proceedings: evidentiary weight, court-appointed experts, objections and damages.
Evidence frustration through missing documents: damages claims in Austria
Evidence frustration through missing documents in Austrian damages law: records, document production and judicial assessment.
Causation and proof: prima facie proof in an accident sequence
Prima facie proof after an accident: causation, typical sequences, evidence and limits under Austrian damages law.
Adequate causal course and proof in damages claims
Adequate causal course in Austrian damages law: proof, multiple causes, later events and contributory negligence.
Allocating loss where several causes may have contributed
Allocating loss where several causes overlap: causation, contributory responsibility and records under Austrian damages law.
State liability for unreasonably long proceedings: requirements and next steps
State liability for unreasonably long proceedings: reasonable time, delay remedies, damage, limitation and the AHG request procedure.
State liability for an unlawful administrative decision: requirements and steps
State liability for an unlawful administrative decision: remedies, damage, causation, limitation and the request under the AHG.
State liability after incorrect official information: claims against the entity
Incorrect official information in Austria: state liability requirements, evidence, remedies and the demand procedure under the AHG.
Liability for performance assistants in a contract
Liability for performance assistants in a contract: section 1313a ABGB, subcontractors, the contracting party, loss and evidence.
Liability for business assistants and performing agents
Liability for business assistants: Sections 1313a and 1315 ABGB, performing agents, selection and important evidence.
Liability for children in everyday family life
Liability for children in everyday family life: parental supervision, personal responsibility, section 1310 ABGB and key evidence.
Animal keeper liability for an injury: evidence and compensation
Injury caused by a dog, horse or other animal: keeper liability, custody, evidence, contributory responsibility and losses.
Damages for breach of the duty of supervision
Damages for breach of the duty of supervision: section 1309 ABGB, parents, institutions, evidence and damage assessment.
Fictitious repair costs and actual restoration
Fictitious repair costs and actual restoration after vehicle damage: claims, evidence, cheaper repairs and limits.
Loss of earnings for self-employed business owners after an injury
Loss of earnings for self-employed business owners: personal work, orders, profit, replacement, evidence and limitation.
Replacement of damaged professional equipment: repair, value and consequential costs
Damaged professional equipment in Austria: repair, replacement, value, evidence and the distinction from loss of earnings.
Damaged glasses after third-party fault: compensation claim
Damaged glasses after third-party fault: when repair or replacement can be claimed, how current value and evidence are assessed and which documents matter.
Towing and recovery costs after an accident as consequential loss
Towing and recovery costs after a traffic accident: necessity, reasonable route, storage, evidence and recovery of the loss.
Rental car costs after a traffic accident
Rental car costs after a traffic accident: necessity, rental period, vehicle class, invoice and distinction from loss of use.
Loss of use of a damaged private vehicle
Loss of use after an accident: requirements, unavailable period, private use, rental costs and key documents explained.
Repair costs after an economic total loss: what may be recovered
Repair costs after an economic total loss in Austria: valuation, evidence, replacement value, salvage value and key steps after a traffic accident.
Diminution in value of a repaired vehicle after an accident
Diminution in value after an accident repair: market-based loss, technical defects, valuation and important evidence.
Pain and suffering after delayed recovery and multiple pain periods
Pain and suffering after delayed recovery: multiple pain periods, medical findings, lasting consequences and settlements under section 1325 ABGB.
Care costs after personal injury and family care services
Care costs after personal injury: family assistance, evidence, assessment, care allowance and separation from household help.
Household-work loss after injury: compensation and proof
Household-work loss after an injury in Austria: replacement help, family assistance, valuation and evidence under section 1325 ABGB.
Lost earnings after incapacity for work caused by an accident
Lost earnings after an accident: incapacity, employees, self-employed people, sickness benefit, evidence and limitation.
Evidentiary value of a private accident report in a damages claim
Private accident reports as evidence: sections 272 and 294 ZPO, signatures, timing, contradictions and supporting documents.
Slip on a wet floor: when is there a claim for damages?
Slip on a wet floor in a shop or residential building: duties, evidence, contributory negligence and damages under Austrian law.
Courtesy ride: liability and contributory negligence after an accident
Courtesy rides in Austria: liability, implied waiver, seat belts and contributory negligence under section 1304 ABGB.
Wrongfulness connection and protective purpose of the rule
Wrongfulness connection in Austrian damages law: protective purpose, section 1311 ABGB, causation and key evidence.
Causation and remoteness in Austrian damages claims
Causation and remoteness in Austrian damages law: requirements, burden of proof, multiple causes and key documents.
Basic requirements for a damages claim in Austria
Damages claims in Austria: damage, unlawfulness, fault, causation, evidence and limitation explained clearly.
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