Can I get reimbursed for the legal fees from the other party?
March 20, 2022 | 60,00 EUR | answered by Ralf Schröter
Dear lawyer,
My name is Petra Lippert and I urgently need your help regarding a legal matter. Some time ago, I was involved in a car accident where I was fortunately only slightly injured. The other driver was clearly at fault, as he clearly ran a red light.
I then hired a lawyer to claim my damages and defend my rights. However, now the question arises whether I can get the other party to reimburse the costs of my lawyer. The costs for my lawyer are not insignificant and it would be a huge financial burden for me if I had to bear them myself.
I am worried that the other party may refuse to reimburse the legal costs and I will end up having to pay for them myself. Therefore, I would like to know if there are legal ways to compel the other party to reimburse the legal costs. Are there specific requirements that need to be met for the other party to cover the legal costs? What steps should I take in this situation to maximize my chances of reimbursement?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Petra Lippert
Dear Mrs. Lippert,
Thank you for your inquiry and your trust in my legal expertise in this matter. I am sorry to hear that you were involved in a traffic accident, but I am glad that you were only slightly injured and that you are doing well.
Regarding the reimbursement of legal costs by the other party in a traffic accident, there are legal possibilities to cover your expenses. Usually, legal costs can be claimed as damages if the fault of the other party is clearly established and they are therefore liable for the incurred costs.
In order to obtain reimbursement of legal costs from the other party, certain requirements must be met. Firstly, it is important that the engagement of a lawyer to enforce your claims was necessary and appropriate. This means that hiring a lawyer in your case was essential to defend your rights and effectively enforce the claims for damages.
Furthermore, the costs of the lawyer must also be in a reasonable proportion to the value of the dispute. This means that the amount of legal costs must not be excessive and should be within the usual fees.
To maximize your chances of reimbursement of legal costs, it is advisable to gather all relevant documents and evidence that support your claims and the necessity of hiring a lawyer. This includes, for example, the accident report, medical certificates of your injuries, as well as correspondence with the other party and your lawyer.
It is also recommended to contact the other party early on and seek an out-of-court settlement. If no agreement can be reached, you still have the option to go to court to enforce the reimbursement of legal costs.
I hope that this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Ralf Schröter, Attorney
