Before starting any compensation case - without exception and rightly so - my clients ask me "Mr. Lawyer! Can you please tell me when my case will be over and, if it is, what kind of money I can expect?" In all cases, I can only answer that it "depends". Depends" means, in practice, what evidence do we have, what is the client's determination, how far is he prepared to go for his right, his just claim?
Obviously, it is not possible to generalise, but the basic thesis is that a deal always involves compromises. Insurance companies or the employers who have caused the damage tend to take advantage of this by offering a fraction of the realistic and achievable compensation amounts in the hope of a quick buck. Their motto is that he who gives quickly gives twice. However, this is not always a good practice, as the following compensation case - which we have won by a final judgment - shows.
Our story begins in 2010, when an employee working for a prominent domestic company suffered a serious accident at work. After the accident, the employer takes a report, but no meaningful claim is filed.
Eventually, the worker decides to seek legal help because the injuries she suffered in the accident have left her with permanent damage. During the "mandatory" out-of-court settlement, the employer's liability insurer offers to pay 500.000.-Ft. However, this offer was rejected by the employee.
As a result of his decision, litigation will begin in 2013, in which both the first and second instance courts will find in favour of the employee and order the employer (together with his insurer) to pay HUF 6 million in non-pecuniary damages plus interest, a further HUF 5 million in pecuniary damages and a monthly pension of HUF 200,000 per month (for the rest of his life!).
We can therefore see (if we take into account the possible capitalisation of the annuities) that the employee won a total of 35.000.000.-Ft compensation, whereas the previous offer was based on 500.000.-Ft. THE DIFFERENCE IS A STAGGERING 70 TIMES !
This case is therefore an example of how it can be worth going all the way and fighting for the compensation to which victims may otherwise be entitled under the law and case law.
Dr. Gábor Ikanov - accident lawyer
