After a road traffic accident with physical injuries, injured parties usually receive compensation for pain and suffering. Of course, this does not heal wounds or ensure an immediate recovery, but it does help to cope better with the accident and minimise the consequences of the accident.
However, in order to receive the amount of money you are entitled to, there are a few things to bear in mind. 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 requirements are.
What is compensation for pain and suffering?
After an accident, the purpose of compensation for pain and suffering is to provide financial compensation for the injuries suffered. The legal basis for this is Section 253 (2) of the German Civil Code (BGB). It states: "If compensation is to be paid for injury to body or health [...], equitable compensation in money may also be claimed for damage that is not pecuniary damage." Do not be misled by the phrase "reasonable compensation". In this case, it does not mean that you have to do without money.
By "fair 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 and be fair and appropriate. To achieve this, many criteria need to be assessed in even more combinations. This is why it is not easy to put a precise figure on compensation for pain and suffering in the event of a road traffic accident. The exact amount you are entitled to is always a case-by-case assessment and depends on the specific case. The word "cheap" is therefore intended to make it clear that all circumstances that characterise the individual case of damage (must) be taken into account. This is because compensation for pain and suffering is intended to offer the injured party appropriate compensation for the damage suffered. This means that the type and extent of the accident-related impairments determine the amount of compensation for pain and suffering. The table of damages for pain and suffering, for example, is used for this purpose.
NoteEven the payment of high compensation for pain and suffering often fails to provide real compensation for non-material damage. For serious injuries, there is no amount of money that can really compensate for the often lifelong restrictions.
Compensation for pain and suffering in Germany is lower than many injured parties expect. Payments in the six-figure range have so far only been made for the most serious injuries with permanent consequential damage. "American conditions" with judgements in the millions do not exist in this country.
Calculation of compensation for pain and suffering and criteria
When calculating the amount of compensation, lawyers use two functions. One is the compensatory function and the other is the satisfaction function. Both together should ensure that the compensation for pain and suffering is fair and adapted to the respective injuries. Of course, "fair" is only possible to a limited extent here, as there can be no truly fair compensation in the form of money for many injuries and their sometimes lifelong consequences. Nevertheless, this is at least an attempt to achieve the most appropriate compensation possible.
Equalising function
The compensation function is intended to provide financial compensation for the injuries and damage suffered. This is intended not only to provide compensation, but also to compensate for losses suffered as a result of the injury. The following criteria must be taken into account as part of the compensation 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
In addition to compensation for injuries and losses, compensation for pain and suffering should also act as a form of reparation and (at least partially) compensate for the injustice suffered. 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 person who caused the accident is taken into account in increasing the compensation. This means that accident victims who have fewer assets than the person who caused the accident receive higher compensation for pain and suffering due to this circumstance alone. However, if the person responsible for the accident has insurance for compensation for pain and suffering after an accident, their personal liability and therefore the influence of their financial circumstances on the amount of compensation for pain and suffering does not apply.
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Entitlement 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 influence of a third party. This means that anyone who is involved in a road traffic accident through no fault of their own and is injured as a result can generally claim compensation for pain and suffering.
So that such a Claim for compensation for pain and suffering is possible, you must have the following characteristics prove:
- Presence of significant injuries,
- caused by the accident,
- due to the negligent or intentional behaviour of the other party involved in the accident
These criteria are generally considered to be met in the case of an accident where the other party is not at fault, i.e. where the other party is found to be at fault. If you are partly at fault, you can also claim compensation for pain and suffering. However, the amount is reduced in this case, as you have a Joint liability share have to take over.
But there are also Exceptionswhere you No compensation for pain and suffering can demand. Namely whenever:
- You were to blame for the accident
- there were only minor injuries (e.g. abrasions, slight bruising)
- the person responsible for the accident is younger than 10 years old
- it is compensation for pain and suffering for psychological damage - for example, 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 an initial orientation: The so-called pain and suffering compensation table is used as a rough guide. This contains 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.
For example, the compensation for pain and suffering in the event of an accident with whiplash is in the average at approx. 600 €. However, this amount can also be significantly lower or higher - depending on the individual case. Compensation for pain and suffering after a car accident can therefore range from a few hundred euros to high six-figure sums.
Note: Here we have put together a few examples from the various compensation tables. This will give you a rough idea of what compensation for pain and suffering you can expect after an accident.
Claiming compensation for pain and suffering - how it works
When claiming compensation for pain and suffering, the injured party must prove that they have suffered damage as a result of the accident. This is usually proven by means of an expert report. In addition, the insurer of the other party can also obtain a counter-expert report to provide counter-evidence.
In order to receive compensation for pain and suffering after a road traffic accident, you have to take action yourself. This is because there is no automatic compensation for pain and suffering. Payment is only made when you claim it. 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 it, reject it or invite you to negotiations. The best way to proceed out of court is to make use of the proven expertise of the fairforce.one network. This is because the specialised knowledge of our traffic law experts regularly achieves better payouts for our customers.
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 also be happy to help you here. During the trial, the court will then decide whether or not you are entitled to compensation for pain and suffering and how much this will be.
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Compensation for pain and suffering - How do I prove injuries?
Both in out-of-court proceedings and in a civil action, the person claiming compensation for pain and suffering must prove in detail which injuries they have suffered, that these are 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
Traffic accident compensation table
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. This is because in many "typical medical consequences of accidents", judges have already dealt with the question of the amount of compensation for pain and suffering and given guideline values. This makes it possible to answer the question "How much compensation for pain and suffering can you get" at least roughly. 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 also decisive.
We have listed five examples here for your guidance:
| Course of the accident and consequences | Amount of compensation for pain and suffering | Judgement |
|---|---|---|
| Mild whiplash injury | 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 |
| Pedestrian hit by the car of a drunk work colleague, severe whiplash, vegetative state and long-term need for care | 500,000 euros | Oldenburg Higher Regional Court 12 U 50/14 - 02.09.2014 |
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!
FAQ on compensation for pain and suffering after an accident
How much compensation for pain and suffering do you get per day?
The amount of compensation for pain and suffering depends on the injuries, consequential damage and other factors and is always calculated for each individual case. This is why there is no flat-rate payment per day. Instead, insurance companies and/or courts look at the entire incident and then decide on the total amount of compensation for pain and suffering. However, the number of days spent in hospital or in rehabilitation, for example, can have an influence on the amount of the payment.
How can you calculate compensation for pain and suffering?
It is generally not possible for laypersons to calculate the compensation to which they are entitled. This is because numerous factors are taken into account that depend heavily on the individual case. However, there are various pain and suffering compensation tables in which previous court judgements and decisions for similar injuries can be viewed. These can provide an initial guide as to what compensation for pain and suffering is possible. However, the actual amount is decided by the insurance companies and/or courts.
How much is compensation for pain and suffering after a car accident?
There is no generalised answer to this question. Whether and what compensation for pain and suffering is appropriate depends on the accident, the question of fault, the injuries and their consequences and other factors. This means that every decision on compensation for pain and suffering is a case-by-case decision. However, the various pain and suffering compensation tables can provide injured parties with an initial overview of what payments they can expect.
Is compensation for pain and suffering paid automatically?
Compensation for pain and suffering is only granted on application. This means that injured parties must prove their injuries and their consequences and actively claim compensation for pain and suffering from the insurance company of the person responsible for the accident.
What happens if the insurance company does not pay compensation for pain and suffering?
If the insurance company of the person responsible for the accident refuses to pay you compensation for pain and suffering, you can take legal action in the form of a civil claim. The courts will then decide whether you are entitled to compensation for pain and suffering and how much this will be. It is important that you provide appropriate evidence.
