The expert report as the basis of an extrajudicial claim

Not all conflicts end in court. Many times, a solid expert report allows the dispute to be resolved out of court, either through direct negotiation, mediation or agreement with the insurer. Having a rigorous technical opinion from the beginning usually improves the client’s negotiating position.

The extrajudicial claim

The extrajudicial claim is the pre-trial route in which the parties try to reach an agreement without going to court. It may consist of formal communication, mediation, negotiation between attorneys, or any other form of alternative resolution.

Advantages of resolving out of court

• Speed compared to the court proceedings.
• Reduction of procedural costs.
• Less emotional wear for the parties.
• Flexible solution adapted to the will of those involved.
• Confidentiality in many cases.

Contribution from expert report

A serious and well-founded expert report usually reinforces the position of the party providing it, because it technically documents the facts and quantifies the damages or the scope of the matter with professional judgment.

Elements provided by the opinion

• Objective description of the facts.
• Technical analysis of the causes.
• Economic assessment of the scope.
• Reference to applicable regulations.
• Graphic and supporting documentation.

Common scenarios

The expert reports are frequently used in extrajudicial claims in different areas:

Frequent situations

• Purchase and sale with hidden defects: claim to the seller.
• Defective workmanship: claim to the builder or promoter.
• losses: negotiation with insurer.
• Damage to vehicle: claim to the causer or his/her insurer.
• Appraisals for agreements in inheritances or divorces.

Coordination with the lawyer

Although the extrajudicial claim can be raised without legal intervention, in many cases it is advisable to have a lawyer who directs the negotiation. The expert provides the technical criteria; the lawyer, the legal strategy.

Common combination

• Expert: issues the technical report.
• Lawyer: directs the claim and negotiation.
• Client: makes decisions informed by both.

When extrajudicial means fail

If the negotiation is not successful, the already prepared expert report can be provided as evidence in the subsequent court proceedings. An opinion prepared rigorously from the beginning retains its evidentiary value both in the extrajudicial and judicial phases.

How to continue

For the ordering procedure, please refer to process. You can discuss your case from the contact page or review the available contact channels.