How to get wfn on court network

Compensation for pain and suffering - requirements, amount & enforcement

In this post you will find out, among other things, when you personal injury compensation you are entitled to how high this can be and how you can claim it.

 

LEGAL ADVICE TIP:

► advocado will find the right lawyer for you for compensation for pain and suffering from a network of over 500 partner lawyers. They will contact you within 2 hours for a free initial assessment of your options for action and chances of success.

 

► Get an initial assessment now.

 

1. Things to know about compensation for pain and suffering

If there is so-called immaterial damage such as physical and psychological injuries after an accident, medical malpractice or bullying, you may be entitled to compensation for pain and suffering. This must be actively requested - however, extensive documentation must be used to prove that the damage is a consequence of the damaging event. Each damage has to be considered individually and the compensation for pain and suffering has to be determined individually for each damage case.

 

IMPORTANT NOTE:

If you have a legitimate claim to compensation for pain and suffering and successfully enforce it, the other party will generally assume all legal and court costs.

 

To prove that the z. B. Injuries are the result of the damaging event, detailed documentation is helpful. Any injuries can be reported to the police officers on site. In addition, a visit to the doctor may be advisable so that the damage and possible consequential damage can be diagnosed and documented. Witnesses can also provide more detailed information about the effects of the damage on the everyday life of the injured party.

 

1.1 When am I entitled to compensation for pain and suffering?

In order to be entitled to compensation for pain and suffering, you have to pay for immaterial damage

  • Life,
  • Body,
  • Health,
  • Freedom or
  • other rights (e.g. personal rights)

be demonstrable that these are a consequence of the damaging event.


In addition, according to Section 276 of the German Civil Code

  • negligent or
  • deliberately

have acted. His behavior must therefore be the cause of the damage caused. Was z. B. the accident caused by reckless or thoughtless behavior of the injuring party, negligence can be assumed. In the event of accidents under the influence of alcohol or drugs, the courts assume willful intent.

 

DANGER:

Injuries caused by intent or negligence usually give rise to a claim for compensation for pain and suffering. However, if there is a fundamental risk of injury in the activity on which the damage is based, the claim generally does not apply. Compensation for pain and suffering is also excluded in the event of technical failure, overtiredness or reasonable enthusiasm.

 

LINK TIP: You can find more detailed information on compensation for pain and suffering, which factors influence the amount of compensation for pain and suffering and how it can be specifically determined in our article on compensation for pain and suffering.

 

1.2 Deadlines & Statute of Limitations

Basically, a claim to compensation for pain and suffering according to § 195 BGB expires after three years. The period begins at the end of the year in which the damaging event occurred and the injured party became aware of the damaging party and the damage. If the damaging event and the knowledge of the damage are not in the same year, the period does not begin until the end of the year in which knowledge about the damaging party or the damage was obtained.

Example: A pedestrian was hit by a cyclist in December 2017. As a result, he suffered severe injuries, due to which he had to be hospitalized for several weeks. However, the police were only able to locate the cyclist in February 2018. Therefore, the corresponding limitation period does not begin on December 31, 2017, but rather on December 31, 2018 - and ends on December 31, 2021.

If possible consequential damage cannot be ruled out, it is possible to submit an application for a declaration to the court. This means that the three-year limitation period can be postponed and the claim for any consequential damage is secured for 30 years. After this period, no further claims for compensation for pain and suffering can be asserted.

 

1.3 Who pays the compensation for pain and suffering?

If a claim for compensation for pain and suffering has arisen, the payment is usually made through the liability insurance of the injuring party. To do this, however, it must first be determined whether the injured party may have contributed to the damaging event.

  • Through no fault of her own
    The compensation for pain and suffering is generally paid by the person who caused the accident or their liability insurance if the injured party is not complicit in the incident.
  • Contributed
    If the injured party is found to be complicit, he is still entitled to compensation for pain and suffering. In doing so, however, the joint liability that he bears due to the partial debt that has arisen is taken into account.

If the perpetrator is a minor or disabled and therefore legally required to supervise, the parents or carers are obliged to pay compensation for pain and suffering.

 

2. How much compensation for pain and suffering do I get?

The exact calculation of compensation for pain and suffering after a medical malpractice or traffic accident is very complex, since the immaterial damage has to be considered individually for each claim. The amount of compensation for pain and suffering depends on the individual extent and the individual consequences for the person concerned. In principle, the following applies: the greater the impairment, the more compensation for pain and suffering the injured party can expect.

When determining compensation for pain and suffering, inter alia the following factors are taken into account:

  • Extent of physical and psychological consequences,
  • Necessity, number and scope of any treatments and operations,
  • Duration of the healing process & hospital stays,
  • Duration of any incapacity for work,
  • Consequential or chronic damage,
  • Effects on everyday life & work,
  • Future forecast,
  • Negligence or intent of the injuring party and
  • Delay in settlement of claims by the injuring party 's insurance.

Incidentally, in addition to such a delaying tactic by the opposing insurance company, a lack of insight on the part of the person who caused the accident can also have the effect of increasing pain and suffering in court.

So-called compensation tables provide a first clue about the amount of compensation for pain and suffering. These represent a collection of past court judgments on compensation for pain and suffering in the event of immaterial damage. However, tables of compensation for pain and suffering are not binding and can only be used as a rough guide when determining a specific amount of compensation for pain and suffering.

 

You can find more detailed information on the amounts of compensation for pain and suffering for various types of damage and causes of damage in our detailed article on the table of compensation for pain and suffering.

How much compensation for pain and suffering in the event of accidents, treatment errors or psychological damage caused by, among other things, We have compiled the following compensation tables for you.

 

2.1 Compensation in the event of an accident

Accidents happen on the road, while exercising or on vacation - should such an accident result in significant injuries, this usually justifies a claim for compensation for pain and suffering. We have put together an example of the compensation for pain and suffering that was awarded by German courts in this context:

 

facts

Compensation for pain and suffering

judgment

Cervical spine distortion 1st – 2nd Degree

3,000 euros

LG Tübingen, 2015

Significant permanent damage to the left knee after blocking the outlet of a water slide

3,000 euros

Higher Regional Court Koblenz, 2012

Severe injuries after violating the duty of safety in the amusement park

5,000 euros

OLG Oldenburg, 2014

Open fracture of the lower leg and thumb fracture

7,500 euros

OLG Oldenburg, 2005

 

Severe injuries to the passenger and risky surgery after an accident due to excessive speed

12,000 euros

Bamberg Higher Regional Court, 2011

Second cervical vertebrae, concussion and bruises after two bicycles collided with insufficient lighting.

15,000 euros

LG Munich, 2010

5 days intensive care unit, four months alternating outpatient and inpatient treatment, severe mobility restrictions after a skiing accident

40,000 euros +

13,000 euros in damages

Regional Court Ravensburg, 2006

Craniocerebral trauma with permanent damage

75,000 euros

OLG Hamm, 2001

 

LINK TIPS: You can find more detailed information on compensation for pain and suffering after an accident in our article on compensation for pain and suffering after an accident. In order to get more detailed explanations of the different types of accidents, we recommend our articles on the main topics car accident compensation, rear-end collision compensation for pain and suffering and bicycle accident compensation. If you are looking for information on the amount of compensation for pain and suffering in the event of severe injuries, you will find this in our articles on the main areas of compensation for whiplash and pain compensation for whiplash.

 

2.2 Compensation for treatment errors

If a doctor violates z. B. medical standards or disregarding his medical due diligence and this leads to a deterioration in the patient's health, this can give rise to a claim for compensation for pain and suffering. We have summarized some of the judgments of German courts in this context as examples below:

 

facts

Compensation for pain and suffering

judgment

Severe pain, watery and severely swollen eyes after forgetting to remove a nylon thread after an eye operation

5,000 euros

Frankfurt Higher Regional Court, 2002

Severe pain and prolonged healing process after incorrect wound irrigation

6,000 euros

OLG Cologne, 2012

Loss of the child after a belated emergency caesarean section

7,500 euros

Higher Regional Court of Thuringia, 2011

Permanent damage to the wrist after a faulty operation

15,000 euros

OLG Hamm, 2013

 

Removal of a total of 8 teeth, although this was not medically indicated

15,000 euros

OLG Hamm, 2001

Death of a patient due to an undetected massive brainstem infarction

50,000 euros

OLG Hamm, 2013

Loss of childbearing ability after removal of the right ovary, although the left ovary was contaminated with cancer cells

50,000 euros

LG Mainz, 2010

Doctor overlooked colon cancer: several operations, chemotherapy and death after more than 2 years of suffering

100,000 euros

OLG Braunschweig, 2010

 

LINK TIPS: You can find more detailed information on compensation for pain and suffering in these and similar cases in our more detailed article on Medical malpractice. If you want to find out more about your legal options in the event of mistakes made by the medical staff, we recommend our articles on the focal points Sue a doctor, sue a dentist, and sue a hospital.

 

2.3 Compensation for psychological damage

Not only physical but also psychological damage due to e.g. B. bullying at work, insulting or defamation can justify a claim for pain and suffering. In this context, however, a psychological or psychiatric report, for example, has to prove that there is considerable suffering and its causes. We have put together an example of the compensation for pain and suffering that were awarded by German courts in this context:

 

facts

Compensation for pain and suffering

judgment

Cyberbullying via Facebook with allegations of homosexuality and pedophilia

1,500 euros

LG Memmingen, 2015

Ethnic humiliation through rap video on YouTube

5,000 euros

LG Bonn, 2013

Mental stress due to permanent disfigurement after negligent creation of a large tear wound on the face

7,500 euros

Düsseldorf Higher Regional Court, 2010

Severe mental illness with depressive episodes after systematic bullying in the workplace

10,000 euros

AG Eisenach, 2005

 

Serious mental illness after the death of the daughter in a traffic accident

30,000 euros

Higher Regional Court Frankfurt am Main, 2012

Significant physical, accident-related post-traumatic stress disorder and incapacity for work as a result of fears after a car accident

30,000 euros

Schleswig Higher Regional Court, 2009

Agony of the victim of a violent crime

50,000 euros

Bremen Higher Regional Court, 2012

Life-threatening injuries, severe anxiety, sleep disorders and a post-traumatic stress disorder after the use of force

75,000 euros

LG Düsseldorf, 2010

 

LINK TIPS: You can find more detailed information on compensation for pain and suffering in the case of bullying, libel and defamation and the requirements that must be met in order to assert compensation for pain and suffering and other claims such as compensation in our articles on the topics of bullying in the workplace, complaint because of insult and complaint Defamation.

 

► Would you like to claim compensation for pain and suffering with the support of a lawyer? An advocado partner lawyer will explain your options for action in a free initial assessment. Get an initial assessment now.

 

3. Claim compensation for pain and suffering

In order to enforce a claim for compensation for pain and suffering after a damaging event such as an accident or malpractice, an out-of-court settlement with the other party can be sought. If this is not possible, a lawsuit for compensation for pain and suffering can be brought. We will now explain to you how to proceed and which requirements must be observed.

 

3.1 Extrajudicial Enforcement

For an out-of-court settlement, a written compensation claim must first be made to the injuring party or his / her liability insurance. The informal cover letter should take into account the following:

  • Address of the injured party,
  • Address of the opposing insurance company,
  • Name of the injuring party,
  • Concerns (application for compensation for pain and suffering from the injured party to the injured party),
  • Joint liability quota of the injured party,
  • Assessment of adequate compensation for pain and suffering,
  • Setting a deadline for its payment.

All relevant documents and evidence on the damage and its causes should then be attached to this letter. These can e.g. B.

  • detailed description of the course of the accident,
  • medical documentation of the damage such as injuries, etc.,
  • Evidence of possible hospital stays,
  • Sick leave,
  • Evidence of the cause of the damage,
  • psychological reports,
  • the specific amount of compensation for pain and suffering and
  • a deadline for its payment

be. Often, the opposing insurance company requires a declaration of severance payment to be signed in return for the payment of compensation for pain and suffering. This prevents a further payment claim should unforeseeable consequential damage arise.

 

3.2 Claim compensation for pain and suffering in court

If an out-of-court settlement with the other party is not possible, compensation for pain and suffering can be sued in court. The following sequence of steps can be followed:

  • Submit a statement of claim: First, a complaint is submitted to the competent civil court. If the amount in dispute is up to EUR 5,000, the local district court is responsible, if the amount in dispute is over EUR 5,000, the relevant regional court - this requires a lawyer.

 

Content of the application:

Date on which the action was brought,
Name, address and telephone number of the claimant,
Name & address of the court,
Name, address & telephone number of the defendant,
concrete demand on the other side,
Justification of the claim by describing the accident and
Evidence of the cause of the damage as well
Signature of the applicant.

 

LINK TIP: In our article on filing a lawsuit, we explain what prerequisites and requirements must be observed when filing a lawsuit and what costs may arise.

 

  • Payment of advance court costs: When filing a lawsuit, a court advance payment is due. This is based on the amount in dispute - i.e. the compensation for pain and suffering demanded.
  • Start of the judicial process: The action is then served on the opposing side. This opens the court process.
  • Negotiation about compensation for pain and suffering: During the negotiation, the statements about the damaging event and damage are compiled. The court deals with the question of guilt and determines the exact extent of the damage.
  • Decision by the court: In the next step, the responsible judge makes a judgment as to whether there is a claim for pain and suffering and how high it is. He also sets a deadline for the payment of the amount.
  • Payment of compensation for pain and suffering: Finally, the injured party will be paid the awarded compensation for pain and suffering within the specified period.

 

Compensation for unemployment benefits & bankruptcy

If compensation for pain and suffering is awarded, it must not be offset against Hartz IV or unemployment benefit II, as it does not constitute income. In the event of personal bankruptcy, we recommend that you contact your insolvency administrator, as in principle all income can be seized - any compensation for pain and suffering is therefore part of the bankruptcy estate. If you fail to inform the administrator, you are violating the obligations and you could be denied the discharge of the remaining debt.

 

LINK TIP: How a lawsuit for pain and suffering works exactly, how long it can last and what costs may be associated with it, we explain to you in our article on the subject of claiming compensation for pain and suffering.

 

3.3 Should I consult a lawyer?

The enforcement of compensation for pain and suffering after an accident, medical error or bullying can be associated with major hurdles. So the other side could not simply comply with a claim for pain and suffering and rather reject the requested amount of pain and suffering as too high. In this context, it is not uncommon for an attempt to be made to question the cause of the damage, the documentation of immaterial damage and its consequences, and to present the question of guilt differently. Such tactical maneuvers can mean additional emotional burdens for the injured party in addition to a usually exhausting recovery process. A lawyer can remedy this and ensure that compensation for pain and suffering can be claimed quickly and easily. In this way, he can ensure perfect documentation of all non-material damage and a correct calculation of the compensation for pain and suffering.

After hiring a lawyer, he may, among other things, take on the following tasks:

  • Examination of the compensation for pain and suffering and any other claims such as compensation,
  • Examination and securing of all evidence and documents,
  • Determination of an appropriate amount of compensation for pain and suffering,
  • Mediation of the urgency of the claim for pain and suffering by means of an application for pain and suffering written by a lawyer,
  • submission of the application in due form and in due time,
  • Elaboration of an individual legal strategy with which the claim for pain and suffering can be successfully enforced and the tactical maneuvers of the other side can be reacted to appropriately.

 

3.4 Possible costs & assumption of costs

Whether an out-of-court enforcement of compensation for pain and suffering - in both cases lawyer and court costs can arise. However, if the claim for pain and suffering is successfully enforced, these are to be borne by the opposing party as a recognized damage position.

The exact amount of these costs depends on the so-called value in dispute - i.e. the sum of the compensation for pain and suffering claimed. We will now explain to you what specific costs arise from enforcement and what options there are for assumption of costs.

 

Extrajudicial costs

The extrajudicial costs include B. Travel expenses for witnesses, costs for expert reports and legal fees - a lawyer should be called in as part of an out-of-court settlement with the other party.

These legal fees are regulated by the Lawyers' Remuneration Act (RVG) and are always based on the respective amount in dispute - i.e. the compensation for pain and suffering demanded. According to the RVG, a lawyer can inter alia. a

  • 1.3 times the business fee for legal representation,
  • 1.5 times the settlement fee for concluding a settlement

an out-of-court settlement should be reached. In the case of different amounts in dispute, the following legal fees would then have to be expected:

 

Value in dispute until ...

Legal fees

500 €

126,00 €

2.000 €

420,00 €

4.000 €

705,60 €

Note: Legal fees are always based on the specific individual case and are calculated individually. The information in the table is therefore only to be understood as a rough guide.

In addition, an individual remuneration agreement at a fixed price is also possible. Billing is then on an hourly basis.

 

Judicial costs

If an out-of-court settlement has failed, there is still the option of judicial enforcement. In this case, court costs will arise, which include court fees and expenses. The former are charged for the work of the court. The latter, on the other hand, are based on the expenses incurred by the court in each individual case. These include Costs for interviewing witnesses, experts and interpreters, but also for telecommunications and post. In most cases, the court costs also depend on the value of the dispute.

If a lawyer is called in, he can also charge the following fees in accordance with the Lawyers' Remuneration Act (RVG):

  • 1.3 times the procedural fee for bringing an action for damages for pain and suffering,
  • 1.2 times the appointment fee for attending the quality negotiation and the chamber appointment,
  • 1.0 times the settlement fee for concluding a settlement.

We have compiled legal and court fees for various amounts in dispute below:

 

Value in dispute until ...

Legal and court fees

500 €

192,50 €

2.000 €

614,00 €

4.000 €

1009,00 €

Note: Legal fees are always based on the specific individual case and are calculated individually. The information in the table is therefore only to be understood as a rough guide.

 

Options for assuming costs

Incidentally, the legal and court costs resulting from the claim for pain and suffering can be financed through the following options:

  • Other side bears the costs: If there is a legitimate claim to compensation for pain and suffering and this is successfully enforced, the other side pays all legal and court costs.
  • Legal aid: If the necessary funds are lacking to enforce compensation for pain and suffering in court, legal aid can be applied for. For this, however, it must be proven that the costs incurred cannot be paid independently. To apply for legal aid, an application can be submitted to the competent local court. This must be accompanied by a declaration of personal financial circumstances.
  • Costs covered by legal expenses insurance: Legal protection insurance usually covers legal and court costs that arise in connection with the enforcement of compensation for pain and suffering. This also includes the reimbursable costs of the other party. The exact costs covered by legal protection insurance depend on the policy in question.

 

FREE COVER REQUEST:

If you are unsure whether your legal protection insurance will cover the legal and court costs when claiming compensation for pain and suffering, an advocado partner lawyer will be happy to send you a free cover request. Get an initial assessment now.

 

4th tip: legal help to enforce your claim for pain and suffering

If immaterial damage is the result of a damage event caused by third parties, there may be a right to compensation for pain and suffering. Negotiations with the other side can often turn out to be lengthy and complicated. A lawyer can support you in demanding compensation for pain and suffering quickly and consistently. In this context he provides, inter alia. An appropriate calculation of the compensation for pain and suffering, the comprehensive and unequivocal documentation of the damaging event and the damage suffered, as well as a targeted legal strategy for negotiations with the opposing party or in court.

advocado will find the right lawyer for you from a network of over 500 partner lawyers. They will contact you within 2 hours for a free initial assessment of your options for action and chances of success.

Would you like to claim compensation for pain and suffering?

An advocado partner lawyer will explain the possible procedure to you in a free initial assessment.