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💰 Compensation for pain and suffering (Schmerzensgeld) and damages

If your body or health has been injured, besides financial losses you can also claim fair monetary compensation.

Schmerzensgeld damages 253 non-material damage liability insurance lawsuit

In brief

If a treatment error has injured you, you can claim damages. This covers costs and loss of earnings.

In addition, there may be compensation for pain and suffering (Schmerzensgeld). This is compensation for pain and other consequences that cannot be measured in money.

The amount depends on the individual case. This platform does not name amounts.

Usually the doctor's liability insurance pays. Often negotiations take place out of court first.

Step by step

  1. Document the harmCollect evidence: invoices, medical certificates, proof of earnings.
  2. Clarify the errorUse expert opinions from your insurer or the arbitration board.
  3. Make the claimGet advice on how to assert the claim.
  4. Watch the deadlinePay attention to the limitation period.

Deadlines

3 years
Regular limitation period§ 195 BGB
30 years
Maximum period for injury to body or health§ 199 Abs. 2 BGB
Watch out – common mistakes
  • Amounts depend on the individual case. Comparison figures from the internet are not an entitlement.
  • Hasty settlements can rule out further claims. Get advice first.
  • Health insurers can have claims of their own; this is not covered here.
In depth · legal basis, figures and practice – for advisers and professionals

Legal basis for Schmerzensgeld (§ 253 BGB)

Under § 253 Abs. 1 BGB, monetary compensation for damage that is not financial loss can be claimed only in the cases determined by law. Under Abs. 2, if damages are owed because of injury to the body, health, freedom or sexual self-determination, fair monetary compensation can also be claimed for the damage that is not financial loss.

Requirements of the claim

The claim requires a treatment error or an error in information, harm and the causal link (see the page Burden of proof). The individual legal bases of the claim (contract and tort) were not examined in depth here.

Amount

No amounts or tables were examined for the amount. The amount is decided case by case.

Who is responsible
  • Civil court
  • Liability insurer of the treating practitioner (no contact named)
  • Specialist lawyer for medical law
Further reading
Limitation periods for claimsBurden of proof in treatment errors

Quick questions

Worum geht es bei „Compensation for pain and suffering (Schmerzensgeld) and damages“?
If your body or health has been injured, besides financial losses you can also claim fair monetary compensation.
Which deadlines and figures matter?
  • 3 years: Regular limitation period (§ 195 BGB)
  • 30 years: Maximum period for injury to body or health (§ 199 Abs. 2 BGB)
What should I do first?
  • Document the harm: Collect evidence: invoices, medical certificates, proof of earnings.
  • Clarify the error: Use expert opinions from your insurer or the arbitration board.
  • Make the claim: Get advice on how to assert the claim.
What do I need to watch out for?
  • Amounts depend on the individual case. Comparison figures from the internet are not an entitlement.
  • Hasty settlements can rule out further claims. Get advice first.
  • Health insurers can have claims of their own; this is not covered here.
Evidence
  • Gesetze im Internet, BGB § 253, retrieved 20 September 2026
  • Gesetze im Internet, BGB §§ 195, 199, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.