As a victim of a traffic offense, it is important to clarify and assert your rights and claims at an early stage. It is generally worth consulting a lawyer in all traffic accidents. The law firm of Leonhard Grabmann has the necessary know-how and specializes in traffic criminal law in Munich.
What is the right thing to do if I am a victim of a traffic offense??
Most traffic offenses involve car accidents with personal injuries. If an accident happens, it is important that you secure your rights. It is necessary for all parties involved to stop immediately and notify the police, especially if a party has been injured.
Notifying the police may not be necessary in the case of minor damages. If the parties involved are in a position to do so, it is useful to fill out an accident report form. Under no circumstances should you make any admission of fault, even if your fault is obvious. If the accident was your fault, the liability insurance settles the claim.
If the other person is at fault, his insurance company is liable. Liability includes property damage and personal injury. A competent lawyer can ensure that you are not overcharged by the opposing insurance company, especially when it comes to claims for compensation for pain and suffering. In case of doubt, an expert will decide who is at fault, how high the damage is and how serious an injury is.
As an accident victim and injured party, you have various claims that you can assert with the help of a lawyer. The lawyer's fees are paid by the other party to the accident, if the guilt is clearly established. If you have been injured, you are entitled to compensation for pain and suffering. The amount of compensation depends on the severity of your injury.
It may also matter how serious the fault of the offender is. If you are a victim of minor negligence, you will receive less compensation for pain and suffering than if the offender injured you in an illegal street race.
If you are a victim in a position to act, it is important to secure the accident scene and collect evidence. Take photographs of the accident site and record even minor damage. If there is only property damage in a traffic accident, you have the option of settling the matter without the police. However, it is necessary that the parties involved in the accident exchange their data, this includes name and address and insurance data.
In the event of personal injury, first aid must be called and administered immediately. You should also report the accident to your insurance company as soon as possible. Contact the law firm of Leonhard Grabmann for a comprehensive consultation.
What rights do I have as a victim of a traffic offense?
As a victim of a traffic offense, you have various rights and obligations. Rights include, but are not limited to:
- legal assistance (by a lawyer)
- The right to access files and information
- if applicable. the right of presence of a person of trust
- if necessary. Right to witness assistance
- especially in case of intentional injuries participation as joint plaintiff
- Compensation for property damage and expenses
- Compensation for pain and suffering for personal injuries
Can I claim compensation for pain and suffering?
As a victim of a traffic offense, you have the right to claim damages and, if you have been injured, compensation for pain and suffering. This does not only concern a necessary lawsuit before the civil court, but you can also have these claims asserted out of court by a lawyer.
Compensation for pain and suffering is financial compensation for all injuries sustained. It must be paid by persons who intentionally or negligently violate traffic regulations and thereby injure another person.
You are entitled to compensation for pain and suffering if the following conditions are met:
- Physical (bodily) injuries
- other damage to health, including psychological consequences of an accident
- Restriction of one's freedom
In some cases it is unclear which violations allow the right to compensation for pain and suffering. The claim situation is secured in the case of bodily injury due to an accident or bodily harm. An accident victim is always entitled to the civil law protection of compensation for pain and suffering.
In addition to the damaging event and bodily injury, consequential damage or emotional impairment may also be the case, making a claim for compensation for pain and suffering possible. Here it is advisable to consult a lawyer to clarify the legal situation. The right to compensation for pain and suffering is not dependent on the awareness of pain and suffering. Therefore, victims who fall into a coma as a result of the injury also receive compensation for pain and suffering.
Many people usually want a quick and out-of-court settlement. This is often useful, because the judicial assertion of claims for damages and compensation for pain and suffering can drag on for a long time, especially if the claim is disputed by the opposing insurance company. However, this can lead to problems with the opposing insurance company, which often does not recognize a demanded amount of compensation for pain and suffering. It may therefore be necessary to sue for damages or compensation for pain and suffering in court. This usually requires a lawyer.
This is usually very expensive, not only because of court fees and lawyers' fees. Often, expert opinions must be obtained for this purpose, especially in the case of more serious injuries.
For this reason, it is highly advisable to take out a traffic legal protection insurance policy in good time, which covers all lawyer's fees, court costs and expert witness fees.