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Frequently Asked Questions

General

Yes, and it is very common in traffic accidents, for example. In traffic accidents, we act against the insurance company, whose primary goal is an out-of-court settlement. If an agreement cannot be reached (or not on everything), then a lawsuit remains the solution. In proceedings against an insurer, it is typical for them to pay a reduced amount of compensation while not recognizing the remainder, allowing for a lawsuit for the balance. In the case of workplace or other accidents, an out-of-court settlement is also an option and applied in many cases, though it is less frequent.

This is perhaps the most frequent question we are asked. Unfortunately, a proper answer can only be given after we have precisely assessed the damages and estimated the expected compensation amounts. However, we can only estimate the compensation once we have all the documents in hand and know all the facts and circumstances. Compensation amounts are influenced by many factors, such as how long the injured party was bedridden, whether a permanent disability developed, etc. Regarding the grievance fee, a precise amount cannot be stated beforehand, as it is an amount shaped by court practice; therefore, we can only refer to the grievance fee awarded by the court in similar cases.

The two are not the same, as compensation serves to reimburse material damages, while the grievance fee is compensation for the violation of personality rights. Simply put, the similarity between the two is, on one hand, that both aim to offset a disadvantage, and on the other, that the rules of compensation are also applicable to the grievance fee; thus, the violator is liable for the grievance fee if they would be liable for compensation based on the rules of damages.

According to the provisions of the "Green Card System," if a foreign car causes damage domestically, the Hungarian correspondent partner of the foreign car's liability insurer pays the compensation.

If you were also driving a car, the primary rule is that operators are liable to each other in proportion to their culpability; so yes, you may be entitled to compensation. However, this primary rule is supplemented by several sub-rules.

If you suffered an accident as a pedestrian and were at fault, your compensation must be reduced by the degree of your contribution. It is important, however, that much stricter liability rules apply to drivers than to pedestrians; thus, if a pedestrian contributed to the accident, it usually does not result in a significant reduction in compensation.

As a general rule, strict liability for hazardous operations applies to damages caused by cars, which claim expires in 3 years. This means that after 3 years from the occurrence of the damage, the compensation claim cannot be enforced in court. This is also important because if the claim cannot be enforced in court, the insurer can also reject the claim, knowing that no one can force them to pay.

It is worth enforcing the claim as soon as possible. On one hand, the sooner the proceedings are initiated, the sooner you can receive compensation; on the other hand, damages resulting from delayed enforcement are borne by the injured party and cannot be claimed.

Contingency fee representation

Accidents resulting in personal injury are not only physically and emotionally taxing, but they also impose an unexpected and significant financial burden on the victims and their families. It frequently happens that, as a result of the accident, the injured person is unable to work, making their livelihood difficult.

For this reason, our law firm accepts certain personal injury and compensation cases on a full or partial contingency fee arrangement.

Please note that this does not apply to every case and is not automatic. We need to review all the circumstances of the case to determine whether a contingency fee agreement is appropriate.

The core idea of a contingency fee is simple: we only earn an attorney fee if you receive compensation.

Our legal fees are set as a pre-agreed percentage of the compensation amount actually obtained, which you fund exclusively upon the successful conclusion of the proceedings out of the awarded or settled sum.

• No financial risk at the start: You do not need to advance significant sums for procedural fees or retainers to secure legal representation. We may even conduct the initial consultation free of charge.


• Our interests are aligned: The contingency fee model perfectly aligns your interests with ours. Our goal is not merely to win the case, but to achieve the highest possible compensation and non-pecuniary damages in the shortest possible time.


• Full commitment and honest risk assessment: We primarily or fully agree to contingency fees only in cases where we see a sound professional basis for success and an opportunity for a swift resolution.

Every case is unique. If your case is eligible for a contingency fee or partial contingency fee structure, we will enter into a clear and transparent agreement so that you can focus on your recovery while we take over the legal battle—with financial settlement due only when the case is concluded.

The contingency fee rate is always tailored to the specific case and depends on its complexity, the expected compensation amount, and above all, our agreement with you. The exact percentage is always specified in advance in the legal engagement contract.

If no compensation or non-pecuniary damages are secured at the end of the proceedings, you do not owe any legal service fees. In this scenario, there is no attorney fee, meaning we bear the risk of an unsuccessful outcome.

The contingency fee specifically covers the attorney fees. Other expenses may arise during the proceedings (such as forensic medical expert fees, court duties, or document copying fees). We provide full information regarding the handling of these costs—as well as potential exemptions or fee deferrals—during the initial consultation to ensure there are no surprises. However, these expenses are fundamentally the client’s responsibility.

Before offering a contingency fee arrangement, we conduct a thorough preliminary assessment in every case (reviewing accident reports and medical documentation). We can only offer contingency representation in cases where the legal grounds and damage claims are professionally sound and justified by personal circumstances. If a contingency structure is not suitable for a particular case, we will naturally offer other transparent fee alternatives.

Compensation Lawsuit

Only a medical expert can determine, for example, what medical aids or medications an injured person required, or establish the health consequences of the injury (e.g., permanent disability), as the court does not possess expertise in medical matters. In such cases, the court considers the medical expert's opinion as evidence.

The Civil Code and other legislation regulate compensation in different ways, depending on exactly what damage event occurred. We call these various rules "liability forms." For example, different rules apply if someone causes damage in a traffic accident, and other rules apply if someone’s dog causes damage to another. In compensation lawsuits, precise specification is important because the burden of identifying the legal basis—the exact liability form—lies with the injured party. If someone, for instance, mistakenly sues under a form applicable to a workplace accident when the event does not qualify as such, the court may dismiss the claim for this reason.

The court fee is a certain percentage of the compensation amounts asserted in the lawsuit. Previously, this was a fixed 6%, but the new rules have changed this, and a tiered system was introduced. The fee can therefore be calculated once the exact compensation amounts are known.

As a general rule, the fee must be paid when initiating the lawsuit; however, many exemptions are available depending on the nature of the case. In compensation lawsuits, the injured party typically enjoys the right of "fee recording," meaning that no fee has to be paid in advance, and the court will decide on its payment in the judgment. Thus, if the injured party wins, the other party pays the fee. In some workplace accident cases, the employee may be entitled to a full exemption from costs, meaning they do not have to pay any costs in advance, and if they lose, they only have to pay the other party's attorney's fees.

The fundamental principle is that the losing party pays. However, this is a proportional system, so winning and losing must be measured in ratios. For example, if I sue for 1,000,000 HUF but win only 800,000 HUF, I have won 80% and lost 20%; thus, the other party pays 80% of my costs, while I pay 20% of theirs. This is why it is important to specify compensation amounts accurately, as stating an excessively high amount can backfire.

Yes, attorney's fees count as litigation costs in a lawsuit, so if you win, the other party will reimburse your attorney's fees as well. Attorney's fees paid during out-of-court negotiations can also be enforced.

As a general rule, the court at the defendant's place of residence (or registered office) has jurisdiction; however, in compensation lawsuits, it often happens that the court at the injured party's place of residence will preside, but this depends on the specific case.

A final judgment is usually reached in about 1.5 to 2.5 years. Some cases are shorter due to their simplicity, and some courts have fewer cases and thus move faster. It is also common to reach a court settlement with the liable party after the lawsuit has been initiated. Unfortunately, it also happens that the first-instance proceedings last longer than 2 years.

Traffic Accident

In such cases, you can turn to MABISZ, which is legally obligated by law to pay compensation.

Yes, as there is no other way to enforce compensation. Another solution could be for the injured party to accept certain compensation items and sue for the remainder, so their losses are partially recovered out of court.

Yes. According to court practice, the status of operator does not transfer to another person by occasionally lending the car. If you gave it to another person for use for a longer period, or if, for example, your spouse uses it, it may arise that it is not your liability insurer who will pay compensation.

Workplace Accident

Yes. Even if the employment contract was not put in writing, the connection to the employment relationship can still be proven by other means, as the principle of free evidence applies in the courts. However, a written employment contract facilitates the process of proof.

Yes, as sick pay only replaces wages. Furthermore, sick pay is not always 100%, so you can also claim the portion of your wages not covered by sick pay. Typically, sick pay does not cover wage supplements, so these can be enforced as part of the compensation.

Yes, as lost income. The Curia (Supreme Court) has stated several times that undeclared income can also be enforced in a claim for damages. The courts are not the Tax Authority (NAV), so they are not concerned with whether the income was undeclared or not. The court is interested in the amount of income loss the injured party can prove.

Based on old court practice, the employer was liable in such cases, but under the new rules and current court practice, they are not. According to the new regulations, processes outside the workplace, such as road traffic, are circumstances over which the employer has no influence and thus cannot be held liable. In such cases, however, the social security authority may declare the accident an occupational accident or a commuting accident.

We note that this does not apply to cases where the employee is not required to work at the employer's headquarters or when the accident occurs on the employer's premises. In such cases, compensation may be applicable.

Violation of Personal Rights

Personality rights can only be enforced personally; thus, the personality rights of a deceased person cannot be enforced, with the exception of one personality right: the right to respect for the deceased (kegyeleti jog). Personality rights are not inheritable, as they are tied to the specific person. Claims arising from the violation of a deceased person's personality rights can only be enforced if the lawsuit was initiated during their lifetime; in such a case, the heir may inherit the (plaintiff's) position in the litigation and continue the lawsuit on behalf of the deceased. If a relative has passed away, their family members may be entitled to a grievance fee in their own right.

Breach of Contract

Yes, as a general rule, it is not mandatory to put contracts in writing unless specifically required by law. A contract is formed by the mutual intent of the parties; thus, it can be concluded orally or even via email. For example, a service contract is established if you request a quote from an electrician via email to fix a defect and you accept the quote sent by the electrician. If the contract is formed in any manner, it binds the parties, and therefore a breach of contract can be established. However, a significant disadvantage of the lack of a written format is that it will be difficult to prove the existence and content of the contract.

Yes, as the seller is liable for warranty regarding unknown (hidden) defects even if they were unaware of them. Regardless, the buyer is also subject to a so-called duty of inspection; thus, they must ensure that there are no obvious defects in the item. What qualifies as an obvious or clear defect is always judged based on the specific case. For example, the seller does not necessarily perform defectively if they show a dilapidated house on the verge of collapse to a buyer, who must clearly know (perceive) that the building is likely unfit for its intended use.

Yes, the lessor (landlord) is also subject to a warranty to ensure that the leased item (premises) remains suitable for contractual use throughout the entire duration of the lease. It is a common occurrence that a defect arises in a leased property—for example, an issue with water or electricity, or one of the rooms becoming uninhabitable. In such cases, it is the lessor's obligation to repair the defects. In severe cases, the proportional withholding of the rent—meaning the non-payment of a proportional part of the rent—may also be considered.

Neighbor Law

No, it is sufficient if you reside in the property affected by the violation; being the owner is not a prerequisite for neighbor law violations. The right to the tranquility of the home and the right to protection of possession belong to you even if, for example, you rent the property.

Yes, and in addition to compensation, you may also be entitled to a grievance fee. In neighbor law violations, damage most commonly appears as a decrease in the property's value. You are entitled to compensation even if you do not intend to sell your property. Unnecessary disturbance may also result in the violation of your personality rights related to the tranquility of the home, for which you may claim a grievance fee as well as the termination of the disturbance.

The law does not state exactly what unnecessary disturbance means; one can infer from court practice where the line is beyond which disturbance becomes unnecessary. Indeed, there are everyday circumstances and activities that neighbors are obliged to tolerate. For example, if a neighbor was loud for one night, it does not qualify as a level of disturbance that the court would declare unnecessary. However, if the disturbance is severe, exists for a long period, or is periodically recurring, the claim of unnecessary disturbance may be well-founded.

This is the most frequent question we are asked. It is a misconception that an official permit or operating in accordance with a permit also means that neighbors can be unnecessarily disturbed. It is an important principle in law that an administrative permit does not exclude the neighbor's civil law liability; thus, the permit does not exempt them from civil liability. Therefore, the answer is no; the permit does not entitle one to unnecessary disturbance.

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