In which cases can I claim damages for a violation of my personal rights?
March 18, 2023 | 40,00 EUR | answered by Friedhelm Krebs
Dear Civil Law Attorney,
I hope you can assist me with my issue. My name is Clara Schröder and I am concerned about a recent situation that has occurred. I have found that my personality rights have been violated and I am now unsure if I can make claims for damages.
The situation is as follows: Several weeks ago, a photo of me was published without my consent. This photo shows me in a private situation and was not intended for the public. I feel that my personality rights have been violated and I am wondering if I can take legal action.
Currently, I am concerned about the possible consequences of this violation of my personality rights. I feel that my privacy has been compromised and I would like to know if I can claim damages to compensate for the harm suffered.
Therefore, my question to you is: In what cases can I claim damages for a violation of my personality rights? Are there specific legal steps I need to take to enforce my claims? What possible solutions do you see in my case?
I thank you in advance for your assistance and look forward to your expert advice.
Sincerely,
Clara Schröder
Dear Mrs. Schröder,
Thank you for your inquiry and your trust in my professional expertise. I am sorry to hear that you have found yourself in such an unpleasant situation. Violation of personal rights is a serious issue and it is important that you inform yourself about your legal options.
In your case, where a photo of you was published without your consent and you feel that your personal rights have been violated, it is indeed possible to claim damages. The violation of personal rights is regulated in German civil law and is protected, among other things, by the general right to personal identity, which derives from the Basic Law.
In order to claim damages for the violation of your personal rights, certain requirements must be met. Firstly, you must be able to prove that there is indeed a violation of your personal rights. In your case, where a private photo was published without your consent, this is the case.
Furthermore, you must prove that you have suffered harm as a result of the violation of your personal rights. This harm can be of both immaterial and material nature. In the case of immaterial harm, which is often referred to as "pain and suffering compensation", you can usually demand an appropriate financial compensation.
To enforce your claims, you should seek legal advice and possibly involve a lawyer who can support you in this process. Your lawyer can help you initiate the necessary steps and possibly also find an out-of-court solution.
In your case, I see good chances of claiming damages, as there is a clear violation of your personal rights. Therefore, I recommend that you promptly consult a specialized lawyer in civil law in order to be able to enforce your claims as effectively as possible.
I hope that this information has been helpful to you and I am available to answer any further questions you may have.
Yours sincerely,
Friedhelm Krebs
