Compensation for damages in Germany
Compensation for damages presupposes that the corresponding entitlement can be claimed. Its prerequisites are much differentiated according to the damage and the legal area.
For example, a loss of property, property damage or a personal injury could lead to a claim for damages. "Damage" is an involuntary loss of property rights resulting from a certain event which acts upon it from outside. In this context, the law on compensation for damages standardizes which damages must be replaced and by whom.
Typical questions in the enforcement and defense of claims for damages
- Who is liable for the damage?
- Is there any contributory negligence or a liability to mitigate the damage?
- Is there a wrongful act? Was the culpable action negligent or deliberate and what consequences do they follow?
- What is the claim for damages? Does the injured party have to take advantage of the benefits?
- Who must demonstrate and provide proofs?
- What are the specific characteristics of the legal area?
Anyone who damages another person is obliged to compensate for the loss incurred.
Claims for damages can be individually very different and cover a wide range of everyday life and economic activity.
Examples of compensation for damages
The following examples represent typical cases of compensation for damages:
- Infringement of proprietary rights (copyright infringement, trademark infringement, patent infringement, design infringement);
- Anti-competitive or infringing behaviors;
- Breach of contracts in important contractual components;
- Compensation for public liability damages through regulatory official acts (administrative irregularities);
- Car accidents/claim settlement;
- Accidents at work;
- Liability of special professional groups (doctor´s liability, liability of service providers, apothecary liability, tax consultancy, expert’s liability, liability of the pharmaceutical manufacturer, liability of food producers etc.);
- (multiple) damages in the “infringer-chain”;
- Inadequate warranty and liability;
- The enforcement of lost profit;
- Compensation for physical harm or moral injury;
- Loss of earning;
- Liability for maintenance;
- Compensation by license analogies;
- Compensation for damages through absorption of profits;
- Calculation of the actual damage.