💶 Compensation for pain and suffering and damages
In brief
If you were injured or harmed by a crime, you generally also have civil-law claims against the offender: damages (Schadensersatz) for material losses (e.g. treatment costs, loss of earnings, damaged property) under § 823 BGB and compensation for pain and suffering (Schmerzensgeld) for non-material harm in cases of injury to body, health, liberty or sexual self-determination under § 253 Abs. 2 BGB. These claims exist regardless of the outcome of criminal proceedings, but require that you can pursue the offender under civil law – which in practice is often not enforceable if the offender is unknown.
In criminal proceedings you can assert these claims through the adhesion procedure (Adhäsionsverfahren) (§§ 403 to 406c StPO): the criminal court then also decides on the civil-law claim in the same proceedings, so no separate civil lawsuit is needed. Alternatively, the route of an independent civil lawsuit before the civil court remains open.
Step by step
- Document the damageCollect evidence of material losses (doctors' bills, repair costs, loss of earnings) and of how the health consequences develop.
- Consider an adhesion applicationIn ongoing criminal proceedings, an adhesion application can be filed before or during the main hearing so that compensation for pain and suffering and damages are decided at the same time.
- Alternatively: prepare a civil lawsuitIf an adhesion procedure is not possible or sensible, an independent lawsuit can be brought before the civil court.
- Keep an eye on limitationCheck early which limitation period applies to your claim (see deadlines).
Deadlines
- Common misconception: the 30-year period for injuries to body and health is in § 199 Abs. 2 BGB, not in § 197 BGB – § 197 BGB concerns other claims that have already been finally established or are enforceable.
- A civil-law claim is of little use if the offender is without means or unknown – check in parallel for claims to social compensation under SGB XIV, which do not depend on the offender's ability to pay.
- An adhesion application can be rejected by the court if it is not suitable for resolution in criminal proceedings (e.g. because it would considerably delay the proceedings) – then only a separate civil lawsuit remains.
In depth · legal basis, figures and practice – for advisers and professionals
Legal bases
§ 823 Abs. 1 BGB establishes liability for damages for intentional or negligent injury to life, body, health, liberty, property or another right; § 823 Abs. 2 BGB additionally attaches to the violation of a protective statute, which includes most criminal laws. § 253 Abs. 2 BGB allows compensation for pain and suffering namely for injury to body, health, liberty or sexual self-determination.
Adhesion procedure (§§ 403–406c StPO)
In the adhesion procedure the injured person can assert their property-law claim arising from the offence already in the criminal proceedings. Advantages include that no separate civil lawsuit with its own cost risk is needed and the evidence taken in the criminal proceedings anyway is also used. The court can refrain from deciding if the application is not suitable for resolution in the criminal proceedings.
Limitation in detail
The regular limitation period of three years (§§ 195, 199 Abs. 1 BGB) requires knowledge or grossly negligent ignorance of the damage and the person liable. Independently of this, claims for damages for injury to life, body, health or liberty become time-barred, regardless of knowledge, 30 years after the offence at the latest (§ 199 Abs. 2 BGB). For claims for violation of sexual self-determination, § 208 BGB additionally provides for a suspension of limitation until the injured person turns 21; if the injured person and the offender lived in a shared household when limitation began, the suspension is extended until the end of that shared household.
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