Areas of practice

U.S. Damages Claims

We advise and represent clients in court proceedings to enforce Claims for damages law USA. In cooperation with our US colleagues, we represent German clients in particular during the preliminary and main proceedings before American courts, as well as US clients before German courts. We also advise and represent German clients in the context of „Depositions“ in US proceedings.

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Lawyer and client discuss documents regarding international estate planning and inheritance law, USA, Germany

Damages and pain and suffering

The USA has a complex, federal legal system. Liability law and procedural rules vary significantly from state to state. Proof and presentation of damages takes on special significance, as the amount of damage and pain and suffering often must be presented in detail and convincingly to a jury or judge. The central challenge lies in, material and immaterial damages to enforce it legally correctly, strategically wisely, and procedurally convincingly.

Overview of our services

Accidents in the USA

Urban Thier & Federer assists clients in Accidents of all kinds in the USA comprehensive representation in the enforcement of claims for damages or compensation for pain and suffering, with the aim of achieving the best possible financial outcome.

Initial legal classification of the accident facts, including grounds for liability, responsible state, and applicable law.
Coordination and management of US trial counsels, particularly in litigation, discovery, and settlement negotiations.
Organizing and structuring the evidence, such as medical records, expert opinions, witness statements, and proof of damages.
Strategic assessment of damages and pain and suffering claims, including pain and suffering and, if applicable, punitive damages.
Assistance with settlement negotiations and evaluation of economically viable solutions.
Support for international clients, especially from Germany, with procedural, linguistic, and cultural hurdles.
Vote on the recognition and enforcement of settlements or judgments, including in an international context.

Asbestos cases in the US, mesothelioma

We'll take care of it, complex medical and legal issues to strategically bundle forces in order to achieve the fastest and most substantial compensation possible for severely injured clients and their relatives.

Review of the legal bases and jurisdictions, particularly identifying responsible companies, trusts, and the relevant state.
Coordination of specialized US asbestos and products liability attorneys, including strategic litigation and settlement negotiations.
Review of medical and work-related evidence, such as diagnoses, proof of exposure, employment history, and expert opinions.
Strategic choice between litigation and asbestos trust claims to optimize timing, likelihood of success, and the amount of compensation.
Assisting international clients, particularly those from Germany, with language, organizational, and legal issues.
Vote on statutes of limitations and deadlines, which are particularly critical in U.S. asbestos law.

Whistleblower Cases USA

We support whistleblowers (relators) in whistleblower cases in the US, coordinate the Legal strategy with US counsel and efficiently and compliantly enforce claims for compensation and protection.

Review of eligibility under relevant U.S. laws such as the False Claims Act or Dodd-Frank Act.
Advice on confidentiality and legal risks to protect the whistleblower’s position.
Coordination and management of US counsel, particularly in the filing of qui tam lawsuits or reports to authorities such as the DOJ or SEC.
Compilation and documentation of relevant evidence, such as internal documents, emails, or financial data.
Strategic assessment of compensation prospects, protective measures, and potential comparison options.
Assisting international clients, particularly those from Germany, with cultural, linguistic, and regulatory considerations.
Monitoring of procedures and negotiations with authorities to secure legal and economic interests.

When damage has occurred, a clear legal strategy is crucial.

We represent your interests with precision and assertiveness. Schedule a confidential consultation about your claim.

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Damages Law USA

Example Scenarios

The case examples presented are for illustrative purposes only and cover typical questions of damages in an international context. They are fictional, abstracted scenarios without reference to specific individuals or mandates.

Accident with personal injury during a stay in the USA

A client is involved in an accident resulting in personal injury while on a private trip to the United States. The liability situation is unclear, as several parties may be involved and different insurance systems apply. The legal challenge lies in determining the applicable state, identifying potential defendants, and presenting the damages in a clear and comprehensible manner. In collaboration with U.S. attorneys, a structured claims strategy is developed that enables an economically sound out-of-court settlement.

Health damage related to previous employment with US companies

A client was diagnosed with a severe health condition years after previous professional activity. There are indications that the condition is attributable to products or activities related to US companies. The legal assessment requires an examination of possible grounds for claims, competent courts, and relevant statutes of limitations. Concurrently, medical and professional evidence is being systematically prepared to evaluate different enforcement options.

Whistleblower case with international corporate connections

A client possesses knowledge of potential legal violations by an international company with headquarters or business operations in the U.S. Prior to disclosure, there is significant need for clarification regarding personal risks, confidentiality, and possible causes of action under U.S. law. Based on a preliminary legal review, a fictional, abstract procedural strategy is developed that considers both protective mechanisms and possible legal steps, and is coordinated with U.S. legal counsel.

Damages Law USA

Frequently Asked Questions

What distinguishes US tort law from German law?

The US tort law system differs fundamentally from the German system. It is organized federally, so liability law and procedural rules heavily depend on the respective state. Additionally, jury trials, extensive discovery, and the detailed presentation of non-economic damages play a central role. Damages and pain and suffering awards can be significantly higher, but are also subject to different legal and tactical requirements.

When am I as a German citizen entitled to damages in the USA?

A claim may exist if the damage occurred in the U.S. or if there is a U.S.-related causal link, such as the location of the accident, the registered office of the responsible company, or the applicability of U.S. law. Citizenship is not decisive in this regard. Jurisdiction, applicable law, and the specific liability situation are key.

Do I have to sue in the US myself to get damages?

Not necessarily. In many cases, the coordination and strategic management of the procedure is carried out from Germany in close cooperation with local US attorneys. Personal presence may be required in certain procedural phases, such as during depositions, but it is carefully prepared and limited to what is necessary.

What does pain and suffering mean in the USA and how is it calculated?

In the USA, pain and suffering damages encompass non-economic losses such as physical pain, emotional distress, and diminished quality of life. The amount is not fixed but is assessed based on the individual impact of the incident. Medical records, expert opinions, and witness testimonies play a crucial role.

Do punitive damages exist in the US as well?

Yes. In certain cases, so-called „punitive damages“ can be awarded. These are not intended to compensate for damages, but rather to sanction particularly egregious or intentional misconduct. Whether such claims are applicable depends heavily on the state and the specific facts of the case.

How does a settlement process typically proceed in the USA?

Following an initial legal assessment, a phase of evidence gathering, known as „discovery,“ often takes place. During this phase, documents are exchanged, witnesses are interviewed, and facts are thoroughly investigated. Many proceedings end in a settlement, which can be more economically sensible than a lengthy court trial.

What are the particular considerations for asbestos cases and mesothelioma in the United States?

Asbestos cases are medically and legally highly complex. Claims are often brought against multiple companies or special asbestos trusts. Statute of limitations, jurisdiction, and choosing the right claim strategy are crucial for achieving swift and substantial compensation.

Can German clients also assert claims from US asbestos cases?

Yes. German clients can also enforce claims in the USA under certain conditions, for example, in cases of occupational exposure or employment with US companies. A careful examination of the grounds for claims and the responsible authorities is essential.

Do you also support international whistleblowers from Germany?

Yes. We also advise and support clients from Germany in whistleblower cases with a US connection. This includes examining eligibility for benefits, ensuring confidentiality, and coordinating with specialized US attorneys and authorities.

Who is your consulting for in US tort law?

Our consulting services are aimed at individuals and companies who wish to claim or defend against damages or pain and suffering in connection with the USA. We particularly often represent clients from Germany who are confronted with a foreign legal system and desire structured, understandable guidance.

Testimonials

Support with property in Florida

We invested in a property in Florida, which in my opinion was sold to us incorrectly. We learned that the construction project had run into difficulties, which of course caused us great stress and worry, as we didn't know who to turn to. John Urban was recommended to us, and some of us engaged his law firm to salvage something in this situation. We found them to be very professional, our questions were answered promptly, and no false promises were made regarding our options. Overall, investing in our dream vacation home was not a pleasant experience, but without the support of this law firm, it could have been much worse.

R. M.

Advice on US Law

I became aware of this law firm through a recommendation, and my initial concerns regarding their integrity and honesty were immediately allayed by the open and honest conversations with their partner, John Urban. He took the time to discuss our affairs, which was a great relief for us, who were seeking support and advice from abroad and were not familiar with US law and jurisprudence. The necessary steps were lengthy and complicated, yet he himself and his competent team guided us through the many individual steps and simplified the explanations and implementation of the numerous necessary elements, so that we eventually achieved a more than satisfactory outcome. I can highly recommend John Urban and the law firm Urban Thier & Federer, P.A. to anyone who needs help, advice and appropriate guidance, openness and discretion in an emergency, and – if possible – the best possible outcome.

South Africa.

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International Inheritance Law

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