Compensation for Pain and Suffering After a Traffic Accident: Entitlement, Amount, Enforcement
Anyone injured in a traffic accident is entitled to compensation for pain and suffering from the party at fault (Section 253 (2) of the German Civil Code, BGB). The amount depends on the individual case – and insurers almost always set it too low at first.
When does the entitlement exist?
The requirement is an injury to body or health – ranging from cervical spine whiplash to broken bones to psychological after-effects. The claim is directed against the party who caused the accident and their liability insurer.
How is the amount assessed?
Relevant factors include: the type and severity of the injury, the duration of treatment and incapacity for work, permanent consequences (scars, restricted mobility, lasting damage), the age of the injured person and the degree of fault. Compensation tables (e.g. Hacks/Wellner/Häcker) with thousands of comparable court decisions provide guidance – they are not binding, and every court decides on the individual case.
Typical mistakes
Anyone who does not have their complaints medically documented promptly will later have problems with evidence. Anyone who accepts the insurer's first offer and signs a settlement release often waives legitimate claims – including for late-onset effects. Always have settlement agreements reviewed before you sign.
What else can you claim?
In addition to compensation for pain and suffering, material items may be added: treatment and travel costs, loss of earnings, loss of household management capacity and, in the case of permanent damage, possibly a pension for pain and suffering as well as reimbursement of increased needs.
Key court decisions
- BGB § 253 Abs. 2
Statutory basis: in the event of injury to body, health, freedom or sexual self-determination, fair compensation in money may be claimed. - Practice note
Case law on the amount of compensation for pain and suffering is strongly tied to the individual case. Comparable decisions from compensation tables serve courts as guidance – a well-founded presentation of the individual case (medical certificates, documentation of the course of treatment) is decisive for the amount.
Had an accident? We will examine your claims.
We examine your claims and handle the complete settlement process with the insurer – in a no-fault accident, the other party's liability insurer as a rule bears the legal fees.
This article is for general information purposes only and does not replace individual legal advice. As of: July 2026. All decisions cited are publicly accessible (including at bundesgerichtshof.de).