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About Accidents & Injuries Law in Chur, Switzerland

This guide explains the main legal issues people face after accidents and injuries in Chur, the capital of the canton of Graubünden. Swiss law combines federal rules with cantonal administration. The most relevant areas are tort liability for damage, compulsory accident insurance for employees, motor-vehicle liability rules, and criminal rules for negligent or intentional bodily harm. Practical steps - getting medical care, documenting the scene, reporting to police and insurers, and preserving evidence - are the same everywhere, but local procedures and courts in Graubünden handle claims arising in Chur.

Why You May Need a Lawyer

Many accident cases are straightforward and settled by insurers, but you may need a lawyer when facts or liability are disputed, injuries are serious or long-lasting, insurers refuse fair compensation, or multiple parties are involved. Common situations where legal help is useful include:

- Serious personal injury with long-term medical treatment, rehabilitation, or permanent impairment.

- Disputed fault in traffic accidents or accidents in public spaces.

- Employer or insurer denies coverage for occupational or non-occupational accidents.

- Complex cases with multiple insurers, cross-border issues, or foreign parties.

- Claims involving long-term loss of earnings, future care costs, or non-economic damages such as pain and suffering.

- Criminal investigations for negligent conduct or where a civil claim must be coordinated with criminal proceedings.

- When you need assistance with procedural deadlines, evidence collection, negotiations, or representation in cantonal or federal courts.

Local Laws Overview

Key legal principles and local considerations for Chur include:

- Tort Liability - Under Swiss obligations law, anyone who unlawfully causes damage to another person is generally liable to compensate that damage. Liability can be direct fault-based liability or strict liability in specific situations.

- Occupational Accident Insurance - Employers in Switzerland must carry compulsory accident insurance for employees under the Federal Law on Accident Insurance (UVG). This insurance typically covers medical treatment, daily allowances for loss of income, and disability or survivor benefits.

- Non-Occupational Accidents - Non-employed persons or non-occupational accidents may be covered by private accident insurance if a person has purchased it. Coverage rules and benefit levels differ from employment insurance.

- Motor Vehicle Liability - Drivers must carry third-party liability insurance. Traffic accidents are regulated by the Road Traffic Act and administered locally by cantonal police and courts. Liability depends on fault and traffic regulations.

- Criminal Liability - Where negligence or intent caused bodily harm, criminal charges under the Swiss Criminal Code can follow. Criminal proceedings run separately from civil claims for damages, but they can influence evidence and timing.

- Time Limits - Several limitation periods apply. For personal injury claims there are often shorter, claim-specific time limits that start when the injured person becomes aware of the damage and the person responsible. There are also longer absolute limitation periods. Because deadlines vary by claim type and circumstances, it is important to seek advice early to avoid losing rights.

- Local Courts and Procedure - Minor disputes may be settled by negotiation or mediation. More significant disputes proceed in the Cantonal Court of Graubünden and, ultimately, can be appealed to the Federal Supreme Court in Lausanne on matters of federal law. Procedural rules, filing requirements, and fee schedules are governed by cantonal law and federal procedure rules.

Frequently Asked Questions

What should I do immediately after an accident in Chur?

Prioritize medical care and safety. Call emergency services if anyone is injured. If possible, document the scene with photos, collect names and contact details of witnesses, note vehicle details or property involved, and report injuries to your employer and insurer promptly. In cases of serious injury or contested incidents, inform the police so a formal report is made.

Who pays for my medical treatment after an accident?

If you were injured at work, your employer's compulsory accident insurer usually covers treatment costs. For traffic accidents, the vehicle liability insurer or the personal accident insurer may cover treatment depending on fault and coverage. If you have health insurance, it may cover some costs but may seek reimbursement from the liable party or their insurer. Keep all medical bills and reports.

How do I prove fault in a traffic or public-place accident?

Evidence includes police reports, photographs of the scene and injuries, witness statements, expert reports (for example, accident reconstruction), and medical records showing causation. Timely documentation and preserving physical evidence are crucial. A lawyer can help gather and present evidence and may arrange independent experts if liability is disputed.

What compensation can I claim for a serious injury?

You can typically claim medical costs, rehabilitation expenses, loss of earnings and pension contributions, costs for care and assistance, and compensation for pain and suffering or reduced life enjoyment (non-economic damages). Calculation of future losses and non-economic damages can be complex and often requires expert assessment.

If the insurer denies my claim, what can I do?

Request a written explanation for the denial and review the policy terms. File an internal appeal with the insurer and compile all supporting evidence. If unresolved, you can contact cantonal supervisory authorities for insurance or consult a lawyer about bringing a civil claim. Legal aid or legal expenses insurance may help cover costs.

Are there free or low-cost legal advice options in Graubünden or Chur?

Yes, many cantons have legal advice services, pro bono clinics, or legal aid offices for people with limited means. The cantonal bar or city social services can point you to local legal advice centers. Some lawyers offer initial consultations at low cost or for free.

Can I bring a claim if the person at fault has no insurance?

If the responsible person has no insurance or insufficient funds, recovery can be difficult but not always impossible. You may claim directly against the person, seek compensation from your own insurer if you have applicable coverage, or pursue social welfare assistance for urgent needs. A lawyer can assess the viability of claims and enforcement options.

How do criminal proceedings affect my civil claim?

Criminal proceedings are separate. A criminal conviction for bodily harm can support a civil claim by establishing facts, but a criminal acquittal does not automatically bar a civil claim. Coordination between criminal and civil timelines is important. A lawyer can advise whether to wait for criminal evidence or to proceed concurrently with civil steps.

What deadlines apply to make a claim for injury or damages?

Different deadlines apply depending on the type of claim - statutory limitation periods can be relatively short from the date you learn about the injury and the responsible party. Because time limits vary, you should seek legal or insurance advice promptly to preserve your rights. Missing a deadline can bar recovery.

How much will a lawyer in Chur cost for an accident case?

Fees vary by lawyer, complexity of the case, and the fee system used. Some lawyers charge hourly rates, others use fixed fees for specific tasks, and contingency arrangements may be available in certain types of claims. Legal expenses insurance or legal aid can cover fees for eligible clients. Ask about fees upfront and request a written fee agreement.

Additional Resources

Useful local and national resources to contact or consult include:

- Cantonal Police of Graubünden - for reporting serious accidents and obtaining official reports.

- City of Chur authorities - for incidents on municipal property or public infrastructure concerns.

- SUVA and other accident insurers - for information on occupational accident insurance and benefits.

- Cantonal Social Services - for guidance on immediate financial or social assistance after an injury.

- Cantonal Court of Graubünden - for procedural information if litigation becomes necessary.

- Cantonal Bar Association and local legal aid offices - for lists of qualified lawyers and available legal assistance programs.

- Federal Social Insurance Office and Federal Office of Justice - for general federal rules and guidance on social and insurance matters.

Next Steps

If you have been injured in Chur and need legal assistance, consider the following practical steps:

- Get medical treatment and keep all medical records and receipts.

- Preserve evidence at the scene: photographs, witness names, vehicle or property details.

- Report the accident to relevant parties - police if appropriate, your employer, and your insurer - and note report numbers and contact persons.

- Write a short, dated account of what happened while details are fresh.

- Contact your insurer to understand coverage and to start the claim process.

- If liability, scope of injury, coverage or compensation is unclear, seek legal advice promptly to preserve rights and deadlines. Ask about initial consultation fees, funding options, and whether your case may be covered by legal expenses insurance or legal aid.

- If you decide to hire a lawyer, choose one experienced in personal injury, insurance law, and local courts in Graubünden. A lawyer can help calculate full damages, negotiate with insurers, obtain expert reports, and represent you in court if necessary.

Prompt action and careful documentation make a significant difference in resolving accident and injury claims. If you are unsure how to proceed, a local lawyer or legal advice office can help you understand your options and next steps.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.