Compensation Lawsuit

Professional Legal Representation in Compensation Lawsuits

Our firm has provided legal representation in numerous compensation lawsuits across a wide range of matters; therefore, you can turn to us with confidence, regardless of the event or circumstance that caused you harm.

It is crucial to appoint a lawyer experienced in compensation lawsuits: on one hand, failing to cite or misidentifying the correct rule among the many regulations governing damages can have serious consequences and may even lead to losing the case. On the other hand, the precise, quantified specification of compensation claims tailored to your specific loss is essential, as the court will not accept claims that are not presented and supported in detail, which may result in you forfeiting them.

When is a compensation lawsuit necessary?

"It is advisable to first attempt an out-of-court settlement. Accurate assessment of damages and up-to-date knowledge of the practice are also important in the out-of-court phase; however, if the case cannot be settled out of court, a compensation lawsuit remains the only solution. Before initiating a lawsuit, we inform you about the risks, the expected duration, the course and practice of the litigation process, and the potential outcomes, so that you can make an appropriate and well-founded decision in light of these factors."

Dr. Szentkláray Bence LL.M.
Master of Tort Laws
Attorney-at-Law

Types of the Most Common Compensation Lawsuits

The most common compensation lawsuits are those arising from traffic accidents and workplace accidents. In both cases, personal injury is typically a defining factor; however, different compensation rules apply to them.

In the case of a traffic accident, in almost all instances, the compensation lawsuit must be initiated against the compulsory liability insurer of the driver at fault based on the rules of the Civil Code, whereas in the case of a workplace accident, a labor compensation lawsuit must be initiated against the employer according to labor law regulations. Despite these differing rules, one fact can be stated: it is very difficult for the liable party to be exempted from liability in such cases.

Pecuniary Damages

Compensation serves to reimburse pecuniary damages—that is, damages that can be determined in monetary terms. Damage is therefore a decrease in assets, which must always be proven as a precise amount. The fundamental principle of compensation law is that the injured party must be placed in the same position as if the damage event had never occurred.

There are three typical types of damage: actual damage (e.g., material damage to a car during an accident), lost profit (e.g., being unable to work due to injury, thereby losing income), and justified expenses (e.g., the value of care provided by a relative during recovery from injuries sustained in an accident). An important rule in compensation lawsuits is that the damages must be proven by the injured party.

For the compensation of "non-pecuniary damages" (e.g., mental suffering due to the loss of a relative), another instrument, the grievance fee, is used. This can typically be enforced together with compensation in a compensation lawsuit; however, it is not compensation, and therefore different rules apply to it than to compensation.

Costs of a Compensation Lawsuit: What to Expect?

The costs of lawsuits are referred to as litigation costs. This includes all costs that arise in connection with or prior to the lawsuit. Such costs most commonly include attorney's fees, court fees (the fee for the court's work), and, if a forensic expert is required in the lawsuit, their fee.

It is important that, as a general rule, litigation costs are borne by the parties in proportion to the extent to which they lose or win the case; thus, in the event of a successful lawsuit, the court will order the other (losing) party to pay the entirety or the greater part of the costs.

As a general rule, the court fee must be paid upon the initiation of the lawsuit; however, several exemptions may apply. Typically, in compensation lawsuits, there is no need to pay court fees in advance, meaning the lawsuit can be initiated free of upfront fees, and the court decides on their subsequent payment in the final judgment.

Why choose us in the event of a compensation lawsuit?

The attorneys at our firm are specialists in compensation law; therefore, following specialized master’s training, they possess specific expertise in compensation cases.
Based on our decades of practice in compensation lawsuits, we have encountered numerous circumstances that helped us develop goal-oriented methods to proceed more smoothly, allowing you to receive the highest possible amount of compensation sooner.
We follow court practice on a daily basis, as court practice is the definitive compass of compensation law and lawsuits; it is essential to know the courts' position regarding questions arising in any given compensation case.
Throughout the compensation proceedings, we always work to achieve the highest possible amount of compensation.