Of course, compensation for pain and suffering after a road traffic accident does not heal wounds. However, it does help people to come to terms with the accident and minimise the consequences. In order to receive the amount of money claimed, there are many things to consider. In this guide, we explain what exactly compensation for pain and suffering is, how much money you can expect to receive after an accident with injuries and what the conditions for this claim are.
- If you have been injured in an accident through no fault of your own, you are usually entitled to compensation for pain and suffering.
- The amount of compensation for pain and suffering is calculated on the basis of the injuries sustained, the question of fault and many other criteria.
- There are so-called pain and suffering compensation tables for orientation. With their help, you can roughly estimate how high the claim may be.
- In order to assert your claim, it is important that you can prove that your pain is the result of the accident.
What is compensation for pain and suffering?
After an accident, the purpose of compensation for pain and suffering is to provide financial compensation for injuries sustained. The legal basis for this is Section 253 (2) of the German Civil Code (BGB). According to this, "reasonable compensation" in monetary value can be claimed as a result of physical or health impairments caused by an accident.
What is "cheap compensation"?
By "reasonable compensation", the lawyer does not mean "favourable" or "low" compensation. Rather, the appropriate compensation for pain and suffering should always be calculated on the basis of suitable criteria. As there are many criteria to be assessed in even more combinations, it is not easy to precisely quantify compensation for pain and suffering in the event of a road traffic accident. Compensation for pain and suffering is always considered on a case-by-case basis. There are no standardised or universally valid amounts. The term "cheap" is intended to make it clear that all circumstances that characterise the individual case of damage are taken into account. Compensation for pain and suffering should therefore offer the injured party appropriate compensation for the damage suffered. The type and extent of the accident-related impairments then determine the amount of compensation for pain and suffering.
NoteEven the payment of high compensation for pain and suffering is often not enough to truly compensate for non-material damage. For serious injuries, there is no amount of money in this world that can really compensate for the often lifelong restrictions.
Compensatory function in compensation for pain and suffering - calculation and criteria
When calculating the amount of compensation, lawyers use two functions. One is the equalisation function and the other is the satisfaction function.
Equalising function
The following criteria must be taken into account as part of the equalisation function:
- Pain intensityType of pain, duration of pain, duration and degree of incapacity to work, duration and degree of impairment, e.g. by wearing a neck brace
- Intervention intensityOperations are more serious than mere bruising. However, you can also receive compensation for severe bruising after an accident.
- Consequential damageIf consequential or permanent damage is present or very likely, the compensation for pain and suffering is increased on the basis of the impairment. No distinction is made between organic and psychological impairments.
Satisfaction function
These criteria must be taken into account as part of the satisfaction function:
- Extent of faultIntentional, grossly negligent or seriously negligent behaviour is more serious than no-fault or only a minor traffic offence.
- Regulatory delayDeliberate and wilful delay in assessing the damage
Financial circumstancesAn economically better position of the injuring party is taken into account in the compensation for pain and suffering. If the tortfeasor is insured for compensation for pain and suffering following an accident, the tortfeasor is not personally liable.
When am I entitled to compensation for pain and suffering after an accident?
As a rule, an injured party is entitled to compensation for pain and suffering if the damage suffered is attributable to the external influence of a third party.
In order to Claim for compensation for pain and suffering you must have the following characteristics prove:
- Significant injuries
- due to the accident
- due to negligent or intentional behaviour of the other party involved in the accident
These criteria are usually considered to be met in the case of a no-fault accident, i.e. if the other party is found to be at fault. If you are partly at fault, you can also claim compensation for pain and suffering, but the amount is reduced because you have a Joint liability share have to take over.
When am I not entitled to compensation for pain and suffering in the event of an accident with personal injury?
But there are also Exceptionswhere you No compensation for pain and suffering can demand:
- if you yourself were at fault for the accident
- for only minor injuries (e.g. abrasions, minor bruises)
- the person responsible for the accident is younger than 10 years old
- Compensation for psychological damage if you are a relative of the victim
However, these criteria are only to be understood as a general guideline. Courts may also decide otherwise when analysing the individual case in detail.
How much compensation for pain and suffering am I entitled to?
This question can only be answered properly by looking at your specific individual case. However, we would like to give you some initial guidance: So-called pain and suffering compensation tables are used as a rough guide. These contain judgements on compensation for pain and suffering that had to be paid in the past for similar injuries. The highest compensation for pain and suffering were, for example, 600,000.00 euros (judgement of the Higher Regional Court of Jena, case no. 4 U 459/09) and 700,000.00 euros (settlement of the Higher Regional Court of Frankfurt, case no. 14 U 99/11). However, these sums are only very rare individual cases. In the average for example, compensation for pain and suffering in the event of a whiplash accident is around €600. However, this amount can also be significantly lower or higher.
Note: Here we have put together a few examples from the various compensation tables. This will give you a rough orientation.
How is compensation for pain and suffering claimed?
When claiming compensation for pain and suffering, the injured party must prove that they have suffered damage as a result of the accident. Proof is usually provided in the form of an expert report. The insurer of the other party can also obtain a counter-expert report to prove the contrary.
In order to receive compensation for pain and suffering after a road traffic accident, you must take action. There are two ways to do this:
Out-of-court proceedings
For an out-of-court claim for compensation for pain and suffering, a corresponding application must be sent to the tortfeasor's liability insurance company. The application should include a reason for the claim, a deadline and evidence of your injuries. The insurance company will then examine the application and either accept or reject it and invite you to negotiations. For out-of-court proceedings, it is best to use the proven expertise of the faire-Regulierung network. The specialised knowledge of our traffic law experts regularly achieves better payouts for our clients.
Civil action
If the liability insurance company refuses to honour the claim for compensation for pain and suffering, you can take legal action. To do so, your claim must be submitted in due time and form. Our experts will be happy to help you here too. After the trial, the court will decide whether or not you are entitled to compensation for pain and suffering. If the case is successful, you will receive your compensation for pain and suffering.
Compensation for pain and suffering - How do I prove injuries?
In both proceedings, it must be proven in detail which injuries you have suffered, that these Damage is a direct consequence of an accident and also which Consequential damage have developed from this. Keep a record of all visits to the doctor, outpatient and inpatient hospital stays and other medical measures.
The following documents can help:
- Police report and medical reports
- Statements from witnesses
- Second opinions and expert reports
- Overview of all follow-up costs
- Hospital certificates
- Photo documentation of injury and healing process
Table of compensation for pain and suffering
Even if each case is an individual case and is always examined individually, there are collections of court judgements to make cases of compensation for pain and suffering comparable.
These three tables are often consulted:
- Beck'sche Schmerzensgeldtabelle with database IMM-DAT by lawyer Andreas Slizyk,
- Hacks/Ring/Böhm table of compensation for pain and suffering (also known as the ADAC table of compensation for pain and suffering),
- Celle table of compensation for pain and suffering of the Higher Regional Court of Celle
However, the tables only serve as a rough Orientation guide. The courts always decide on a case-by-case basis. In some cases, the courts in Germany have also developed their own tables for their jurisdictionaccording to which they award compensation for pain and suffering in the event of a car accident. The reasons and evidence you present are therefore very important.
In order to claim compensation for pain and suffering, we strongly recommend that you always instruct a recognised specialist as soon as possible.
We have listed four examples here for your guidance:
| Course of the accident and consequences | Amount of compensation for pain and suffering | Court/judgement |
| Mild whiplash | 500 Euro | Saarbrücken Higher Regional Court, Ref. 3 U 144/03 |
| 1st degree whiplash injury with chronic depression as a consequence | 10,000 euros | Düsseldorf Higher Regional Court, case no. I-1 U 159/14 |
| Violation of right of way led to whiplash and pain processing disorders, among other things | 19,667.51 euros | Essen Regional Court 18 O 100/01 - 17.06.2004 |
| Due to a missing warning sign, a motorcyclist crashed in the bend and injured his hand and knee | 4,000 euros | Higher Regional Court of Schleswig-Holstein 7 U 143/14 - 18.06.2015 |
Steps towards claims settlement and compensation for pain and suffering
Have you been involved in a road accident through no fault of your own and been injured? Then play it safe and contact us directly:
- Our competent team of experts will discuss with you the best way to proceed.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert report.
- Your complete claims are processed by specialised teams of lawyers using our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you
- You are kept up to date on every settlement progress via our innovative HIS (customer information system) on your mobile phone.
We cannot undo your accident. But we will get the best out of your claim for compensation for pain and suffering, we promise!
