Admiral Law whiplash claim how much

Who gets compensation for pain and suffering after an accident?

In a nutshell: compensation for pain and suffering after an accident

What is compensation for pain and suffering?

Compensation for pain and suffering is a form of compensation that can be claimed in the event of non-pecuniary damage (e.g. physical injuries) (on the other hand, there is a right to compensation for property damage and financial damage).

How can you apply for compensation for pain and suffering?

If you have been the victim of an accident, you can, depending on the circumstances, assert a claim for compensation for pain and suffering from the opposing insurance company. Whether you are entitled to compensation for pain and suffering also depends on whether you can prove that the claim was the cause of the damage.

How much is the compensation for pain and suffering?

Fixed rates for pain and suffering are not assigned to individual injuries. Instead, the amount of compensation for pain and suffering depends on the circumstances in the individual case (type and scope of damage, consequential damage, age of the person concerned, etc.).

How high can the compensation for pain and suffering be in Germany?

The highest compensation for pain and suffering ever awarded in Germany was € 635,000 (Kachelmann vs. BILD trial). The family of a girl who became a nursing care case after a surgical error received higher claims (€ 500,000 compensation for pain and suffering + € 650,000 compensation for pain and suffering).

Compensation for pain and suffering: If it does not stop with sheet metal damage

A car accident always creates one difficult and stressful situation for everyone involved. Usually the person who caused the accident has that Disregarded traffic law. It came to the sheet metal damage; authorities may impose points, fines or even a driving ban.

But it is worse than a notice of fines if in an accident hurt other people become. For an accident victim and the person who caused it, the entire life can change in a few seconds. Injuries can long term consequences to have. There are feelings of guilt, reproaches and the desire to make amends.

If it does not stop with sheet metal damage and people have been injured, compensation for pain and suffering is often used after an accident Making amends demands. This idea of ​​atonement is legally based Section 253 German Civil Code (BGB). There it says:

(1) For damage that is not pecuniary damage, monetary compensation can only be demanded in the cases specified by law.
(2) If compensation is to be paid because of an injury to the body, health, freedom or sexual self-determination, cheap compensation in money can also be demanded because of the damage that is not financial damage.

After a car accident, compensation for pain and suffering does not heal wounds, bones do not grow together and psychological trauma is not overcome spontaneously. personal injury compensation but helps to master the situation and the Mitigate the consequences of an accident. However, the question of the amount of compensation for pain and suffering cannot be answered across the board. Every accident is unique, therefore the amounts vary from individual to individual. One thing is certain, however: such high pain and suffering paymentshow they are paid in the US unrealistic in Germany.

Overview of guides on the subject of compensation for pain and suffering:

How much compensation for pain and suffering is paid after a car accident?

It is not easy to quantify the amount of compensation for pain and suffering after a car accident. Always is Applicable in each individual case. There are no lump-sum and generally applicable amounts as in the catalog of fines. The compensation for pain and suffering has one compensating function and should be a kind satisfaction Afford. In the law there is a "cheap compensation in money" spoken. In the legal language, however, “cheap” does not mean “cheap” but rather according to the circumstances. The compensation claim and its amount therefore depend on various factors.

If compensation is claimed after a traffic accident, it is usually about one adequate compensation for non-pecuniary damage like an injury or a psychological trauma.

What should be balanced?

  • pain suffered or still to be suffered
  • Fears and worries
  • Impairments to the joy of life

Damage to health cannot necessarily be alleviated through compensation for pain and suffering. It can also not complete justice because it is extremely difficult to give a price to a paraplegia, an amputation or a depression caused by a car accident. How much compensation for pain and suffering is fair ultimately remains one subjective opinion.

Compensation for pain and suffering and its compensation function

In Germany attempts are being made objective criteria to give priority in determining the compensation payment.

The following factors are decisive for calculating the amount of compensation for pain and suffering after an accident:

  • Pain intensity
  • Intervention intensity
  • Consequential damage

The compensation for pain and suffering depends on the Art the injury, the size, Intensity and Duration of the pain exposure. Also to be included are those Duration and degree of incapacity for work. The amount is also influenced by the question of whether Operations necessary and how difficult these interventions are. The Duration of inpatient and outpatient treatment and the probable period of suffering also play a role. If it's due to the accident too Long-term consequences comes, regardless of whether of a physical or psychological nature, these must also be reflected in the calculation of the compensation for pain and suffering.

Compensation for pain and suffering and its satisfaction function

An accident victim learns of a car accident caused by his own fault Injustice to one's own physical and mental integrity. In addition to the pure compensation function, which mainly serves to cover the additional costs of treatment and care, the compensation for pain and suffering therefore also has one Satisfaction function.


The following criteria are taken into account:
  • Extent of fault
  • Settlement delay in claims settlement
  • Financial circumstances of the injured party and the injured party

The decisive factor in determining the amount of compensation for pain and suffering is how the traffic accident occurred. Acted the polluter willful or grossly negligent or was it one minor traffic violation? It came to be unnecessary Claims settlement delays through the actions of the injuring party or his insurance company? If these were brought about consciously or willfully, this can influence the amount of compensation for pain and suffering in favor of the injured party; especially if the act was offensive and degrading.

Part of the calculation are also those Financial circumstances of the injured party and the injured party. Basically, after an accident, compensation for pain and suffering is paid by the injuring party 's liability insurance. An economically better position of the injuring party usually also leads to one higher compensation for pain and suffering.

Overview of compensation for pain and suffering in the event of various types of accident:

How is a claim for compensation for pain and suffering in a car accident established?

Became a person in a traffic accident injured or physically impaired, must Compensation for pain and suffering can be proven. The injured party must prove that he suffered damage in the accident. Usually this is done through a Expert opinion. Liability insurers naturally try to keep the costs for their own company low. So it is your right to ask if you have any doubts about the credibility Second opinion to demand.

After a rear-end collision, compensation for pain and suffering is often given Whiplash required. Insurance companies often claim that such an injury is the result of a rear-end collision excluded from a medical point of view under a certain speed is. They often ask for a counter-opinion in order to avoid the corresponding costs for compensation for pain and suffering.

It can be perfectly legitimate to demand compensation for pain and suffering in the event of whiplash, even if the rear-end collision occurred at very low speeds. For example, the regional court in Saarbrücken ruled in favor of a plaintiff who had suffered whiplash after a rear-end collision at very low speed. He got one Compensation for pain and suffering in the amount of 511.29 euros. But he had to prove his injury in detail, because the mere indication that whiplash is a typical injury in a rear-end collision was not enough (LG Saarbrücken 2 S 159/02).

Anyone demanding compensation for pain and suffering after an accident should do so not without a lawyer to do. The proceedings are often lengthy and disputes are often carried out on the back of the injured party. Various Experts such as specialists or accident researchers should provide expert opinions create. The reviewers contradict each other. Further reports are required. The process can sometimes several years last. Especially when it comes to long-term consequences and the compensation for pain and suffering would reach a corresponding level.

Table of compensation for pain and suffering: Whiplash and Co.

Overview of compensation for pain and suffering in the event of special injuries:

It is common to find that Misbeliefthat there is a binding compensation table. That is not correct. On z. For example, no table can provide answers to the question of how much compensation for pain and suffering someone receives in the event of whiplash. It remains: The individual case decides.

According to the law, compensation for pain and suffering is about a compensation and satisfaction function, which is a "cheap compensation“Represents. So it has to be individual circumstances correspond. In order to be able to guarantee a certain degree of comparability, it is possible to use different methods when measuring the compensation for pain and suffering similar cases to consult.

For this purpose, compensation tables were developed, which are basically a Collection of various court judgments to disputes for pain and suffering. So there is not just a compensation table. For a car accident and its consequences, these provide an orientation when calculating the right to compensation for pain and suffering.


The best known tables of compensation for pain and suffering are:
  • Beck’s table of compensation for pain and suffering
  • ADAC compensation table
  • Celler compensation table

Basically, the individual tables are pretty similar, after all, they contain largely the same published court judgments. Still there is differences. So the tables also include unpublished settlements and court decisions. Ultimately, however, no table of compensation for pain and suffering has priority. Some dishes even have theirs own tables developed according to which they measure the amount of damage.

The compensation tables relieve the courtby giving him a Orientation aid Offer. The measurement of the height must nevertheless individually be felled. Ultimately, it is also decisive what the injured party demands and how credibly he can present his situation. So it cannot be said in general what compensation for pain and suffering after z. B. a rear-end collision is paid.

What sums are realistic?

Judgments in which huge sums of money are paid for pain and suffering come to light again and again from the United States. In Germany are Millions of amounts rather unusual. The highest known compensation for pain and suffering was 700,000 euros. A whiplash injury usually costs 600 euros. However, the sum can be higher or lower.

Insurance companies have moved on, more and more legal disputes with one comparison to end. In view of the increasing amount of compensation for pain and suffering, it is difficult for them to foresee judicial decisions.

Is there a statute of limitations for compensation for pain and suffering?

If injured parties want to apply for compensation for pain and suffering after a traffic accident, they should all claims as soon as possible register with the opposing insurance company and provide a figure. Claims settlement can often very tedious be. Consequential damage is not uncommon. Therefore, an injured party must secure his claims by means of a declaration from the injuring party or his liability insurance in order to obtain a Avoid total loss. The standard limitation period is three years (§ 195 BGB).

In Section 199 (1) and (2) of the German Civil Code, the statute of limitations is described as follows:

(1) The regular limitation period begins, unless another limitation period has been determined, at the end of the year in which

  1. the claim arose and
  2. the obligee becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to do so without gross negligence.

(2) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years from the commissioning of the act, the breach of duty or the other, regardless of their origin and the knowledge or grossly negligent ignorance the event causing the damage.

According to this, victims have three years to apply for compensation for pain and suffering after an accident. After that, yours apply Claims as time barred. If the perpetrator is not known, for example because he is fleeing an accident, the claim will first expire after thirty years.

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Who gets compensation for pain and suffering after an accident?
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