Lawsuit against the Cologne Public Transportation Company
September 28, 2014 | 45,00 EUR | answered by Jan Wilking
Facts:
- I have been a freelance actor in Cologne for 20 years (before that 12 years in municipal theaters).
- On August 29, 2012, I returned from a film premiere in Aachen, a pre-program movie in which I played a part.
- On the way back, I got off at the KVB stop 'Von-Sparr-Strasse' in Cologne at 4.45 am, which I have been using daily since 1996 because I live there.
- The train stopped about 5 meters too early, and I fell into the track bed.
- Two young people helped me out, called the police, who arrived and stamped a document, but did not make a protocol.
- According to a medical examination, I squeezed the nerve, already attacked by carpal tunnel syndrome.
It was only the third strong painkiller that partially numb my pain.
- I had to cancel some performances (I perform as an actor, speaker, and PIANIST), the pain also prevented television appearances. Evidence and confirmed estimated income losses amount to a ridiculous 1650.-€, which were events that were agreed with the organizer, with estimated evening earnings, and an engagement in Strasbourg, which had to be canceled, with a fee of 400.-€.
- Possible income losses that could not be received due to telephone inquiries are not taken into account.
- At the end of November, my wrist was operated on as a result.
- For half a year, I could not work as a pianist.
- My lawyer set the compensation at 3500.-€.
The total amount of the claim is around 5500.-€ plus court costs.
- The other party denies that the train stopped too early, and they deny all further consequences.
- Additionally, they accuse me of lack of attention, implying that I am fully responsible anyway.
- The trial before the district court is on October 28, 2014
- ADAC covers the costs for a settlement.
My question:
- Can I ask the public prosecutor to initiate a fraud investigation against me, as the other party indirectly accuses me of causing my scrapes on hands, knees, and feet, of intentionally putting myself in the track bed, of misleading neurologists and my general practitioner, and of harming the health insurance by unnecessary medications.
- Court judgments obviously are not made without considering self-blame.
What settlement would be acceptable, and what amount should I not go below?
- Can I insist that the other party bears 100% of the legal costs despite a settlement, as they forced me to go to court with ZERO willingness to negotiate!?
Best regards
Dear inquirer,
I am happy to answer your inquiry taking into account your description of the facts and your efforts as follows:
Basically, it is not the task of the public prosecutor's office to refute false accusations. Of course, you can file a self-report, but this would likely be seen as an indication of your guilt. Furthermore, a favorable outcome for you in the criminal proceedings would not necessarily help you in the civil proceedings, as the civil court must reevaluate the case and may come to a different result. You could consider filing a criminal complaint for defamation, damage to reputation, false accusation, however, based on your brief description I do not see these offenses as fulfilled.
The court must also examine the possibility of self-blame, at least if the other party alleges it. However, this self-blame does not always have an impact on the final judgment. For example, a small degree of contributory negligence may completely be outweighed by the main fault of the party causing the harm. If you have been using the bus stop without any problems for decades and the train has indeed been proven to stop too far forward, one could argue for a predominant fault of the other party and consider no or only a slight reduction due to contributory negligence.
Without knowing all the details, I cannot estimate the amount of a realistic settlement from afar, your lawyer who is already involved can better assess this. There are specific tables for compensation for pain and suffering that your lawyer should have taken into account. I assume that he has also examined and included in the claim the loss of profit (profit that could reasonably have been expected according to normal circumstances or particular circumstances, especially given the measures taken and precautions).
The fact that the other party has shown no willingness to negotiate out of court is generally not considered in the allocation of costs. It solely depends on the extent to which the parties have been successful or unsuccessful in the legal dispute. However, since a settlement is negotiable, it is possible to insist on the other party covering the legal costs, although it is questionable whether they would agree to this. It is also possible to leave the cost decision to the court, but in a settlement, it is often recommended to split the costs equally (= each party covers their own attorney's fees and court costs).
I hope I have provided you with some helpful initial guidance. If you have any questions, please use the free follow-up function. Finally, I wish you a speedy recovery and success in enforcing your claims.
Best regards,
Jan Wilking, Lawyer
