🩹 Personal injury and compensation for pain and suffering
In brief
If you were injured in an accident, you can claim compensation for pain and suffering. This is set out in § 253 Abs. 2 BGB. In addition there are medical treatment costs and other damage.
- The law names no fixed amounts. The amount depends on the seriousness of the injury, the suffering and the duration.
- Courts use pain-and-suffering tables only for guidance.
- If a relative is killed, surviving dependants can claim funeral costs, maintenance and bereavement compensation (Hinterbliebenengeld) (§ 844 BGB).
- Record complaints, doctor visits and the course of healing in writing.
- Do not sign a settlement as long as late effects are possible.
Step by step
- See a doctorHave injuries examined and documented early.
- Collect documentsMedical reports, certificates, invoices, symptom diary.
- Register claimsRegister compensation for pain and suffering and costs with the other party's motor liability insurer.
- Check the settlementGet advice before a settlement, especially for permanent consequences.
Deadlines
- There is no claim to a fixed amount: tables are guidance, not a legal rule.
- Contributory fault can also reduce compensation for pain and suffering.
- Health insurers, the statutory accident insurance association (Berufsgenossenschaft) and pension insurers can have claims transferred to them; this affects your negotiations with the insurer.
- In the case of a commuting accident or business trip, further accident insurance benefits are possible; this was not examined in depth here.
In depth · legal basis, figures and practice – for advisers and professionals
Claim, § 253 BGB
Under § 253 Abs. 1 BGB, monetary compensation for non-pecuniary damage can be demanded only in the cases specified by law. If damages are to be paid because of injury to the body, health, liberty or sexual self-determination, under Abs. 2 reasonable monetary compensation can also be demanded for non-pecuniary damage.
Assessment
According to case law, the amount is determined above all by the seriousness of the injuries, the suffering they cause, its duration, the extent to which the impairment is perceived and the degree of fault; an overall assessment of all circumstances must be made. The BGH rejects a calculation by the day (VI ZR 937/20, 15 February 2022). Compensation for pain and suffering is in principle to be assessed as a single sum and can be claimed without stating a figure; foreseeable late effects are covered by it (VI ZR 259/15, 10 July 2018). This is important for settlement declarations. Pain-and-suffering tables (such as the former ADAC table, now SchmerzensgeldBeträge) are purely for guidance.
Fatal cases, § 844 BGB, § 10 StVG
If the injured person dies, funeral costs are to be compensated (§ 844 Abs. 1 BGB). Surviving dependants entitled to maintenance have a claim to compensation for loss of maintenance (§ 844 Abs. 2 BGB). Since 22 July 2017, persons close to the deceased can claim bereavement compensation (§ 844 Abs. 3 BGB). For strict liability, § 10 StVG applies accordingly.
Liability caps, § 12 StVG
The caps in § 12 StVG (Abs. 1: 5 million euros in case of death or injury, also for the capital value of an annuity) apply only to strict liability under the StVG. Where there is fault (§ 823 BGB), liability is unlimited. For paid commercial passenger transport, the amount increases by 600,000 euros for each additional person above eight.
Further items
For medical treatment costs, increased needs, loss of earnings and household-help damages, see the separate page. In case of impaired earning capacity or increased needs, § 843 BGB in principle provides for a monetary annuity; on request, a lump-sum settlement can be demanded for good cause.
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