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If a judge rules that a party is liable, the extent of the damage is not yet established. If the damage is still unclear or the calculation requires in-depth investigation, the judge may order compensation 'to be determined by assessment': the amount is then determined in a separate damages assessment procedure.
Liability and the extent of damage are two things
In legal proceedings, the judge may first decide that a party is liable, without yet establishing the exact amount of damage. Sometimes the extent of the damage is not yet fully clear at that moment—for example, because it is still ongoing—or the calculation requires thorough investigation. In such cases, it is practical to separate these two questions.
What is a conviction 'to be determined by the State'?
The judge may order the liable party to pay damages 'to be assessed by statement'. This means that liability is established, but the exact amount of damages is determined in a separate procedure — the statement of damages procedure. In this way, the main proceedings can proceed without getting bogged down in the figures.
The statement of damages procedure
In the damages assessment procedure, the extent of the damage is determined. The injured party substantiates the damage with evidence, and if necessary, the judge appoints an expert. Only then is it established what amount the liable party must pay. This may involve both incurred loss and lost profits.
What does this mean for you?
If you have been harmed, you can secure your right to compensation, even if the extent of the damage is not yet entirely clear. If you have been held liable, you know that the amount is still subject to discussion. In both cases, sound substantiation of the damage is decisive.
Frequently Asked Questions
Is the damage considered final if I am held liable?
Not automatically. The judge can first establish liability and determine the extent later in a damages assessment procedure.
What does 'to be drawn up by the State' mean?
That liability is established, but the amount of damages is determined in a separate procedure.
How is the damage calculated?
With evidence from the injured party and, if necessary, an expert. It concerns incurred loss and lost profits.
Claim damages or defend yourself?
Our legal experts and lawyers substantiate or dispute the damages. View our legal assistance or our litigationteam, or schedule a free consultation.
