Step-by-step plan

The first step on the legal route is to hold the party liable that caused the loss. In the event of medical liability especially, we will have to seek medical advice.

It is well possible that the next step will be an extensive debate about the liability issue. Claims for compensation can be enforced only if liability has been admitted, has been established by the court or if the liable party or its insurer has declared explicitly that it will pay.

In case of personal injury, we must first gather information on the injuries and the associated symptoms and limitations. As a rule this can be done only after the point has been reached where the medical situation is no longer expected to change significantly. This is called maximum medical improvement or MMI.

In anticipation of the MMI we can usually arrange that the liable party or its insurer pays an advance on the loss, as it will be determined eventually. At some point independent physicians will have to carry out a medical experts examination to describe the injuries and their impact. Sometimes an occupational consultant or business economist is asked to support victims and to analyse the effects of the injuries on the victim’s working or personal life.

Eventually negotiations will be conducted about the amount of damages due and the conditions of final settlement. In the event of an irreconcilable difference of opinion with the liable party or its insurer, the parties can decide to go to court. In some cases mediation is a good alternative.