After a Road accident repairs and insurance issues usually take centre stage. But those who Injuries has an additional claim to compensation for Compensation for pain and suffering. This refers to compensation for pain, restrictions in everyday life, operations, rehabilitation or even anxiety when driving. Compensation for pain and suffering is part of the Accident settlement - and is usually managed by the Liability insurance of the person responsible for the accident. For this to work reliably, the cause and consequences of the Accident be cleanly documented.

What compensation for pain and suffering covers - and how courts determine the amount

There is no rigid table. Courts look at the overall picture: what injuries have been sustained, how long did the complaints last, how extensive were the treatments and downtimes, which Long-term consequences remain? Age, professional and private restrictions and culpability also play a role. A rule of thumb is The more severe and the longer the impairment, the higher the compensation for pain and suffering.

Two decisions provide orientation:

• Karlsruhe Higher Regional Court (27 June 2022 - 9 U 125/19): Despite inconspicuous images (X-ray/MRI), after a Road accident due to persistent back problems Compensation for pain and suffering of €10,000 was awarded. The decisive factor was the Thorough examination by an orthopaedic surgeon and the documented course: previously symptom-free, pain immediately after the accident, permanent restrictions in everyday life.

• OLG Cologne (03/08/2023 - 7 U 173/22): After a serious shoulder injury, the court 10.000 € to. What is important here is the idea of Experience or prima facie evidence: If a typical injury occurs in the Danger zone of the event, there is initially much to be said in favour of the causal link - the other party must prove concrete doubts.

Both judgements show: It is not the „spectacular finding“ in the picture that decides, but the medically clean documentation and the plausible chain from accident → injury → complaints.

Evidence and medicine: How to build your „big picture“

Insurers like to argue with „minor impact“, pre-existing conditions or alleged lack of evidence. Structure helps against this:

• Medical documentation from day 1: Emergency room/family doctor/specialist, findings, prescriptions, prescriptions, incapacity for work collect everything.

• Record the course of the complaint: What exactly hurts and when? Which job, household or hobby activities are no longer possible? A short Diary makes the process tangible.

• Take therapies seriously: Physiotherapy, pain therapy, possibly psychotherapy for driving anxiety - keep at it and prove it.

• Orthopaedic expert opinion for back/neck: Here in particular Functional examinations (medical history + physical tests) is crucial. This is exactly what Karlsruhe emphasises.

The result: a well-rounded overall picture that is convincing even without „cinema images“ - and the Accident settlement noticeably accelerated.

Causality, contributory negligence, interest: three stumbling blocks - clearly categorised

The most important legal point is the Causality: If the complaints from the accident? What counts here is the overall picture. Anyone who was previously symptom-free and immediately after the Road accident pain requiring treatment is on the safe side - especially if medical documentation and a conclusive expert opinion are available.

Contributory negligence is often claimed („You are late for the doctor“). The burden of proof lies with the other party. Late visits to the doctor do not automatically invalidate the claim - it is more important that the course of events is properly documented.

Often overlooked: Interest on arrears (from reminder/default) and Pre-trial legal fees. Both are regularly included in the claim and increase the total payout.

What claims should be on the table in addition to compensation for pain and suffering?

Compensation for pain and suffering is only one component. At the same time we do Material damage so that you are not left with financial costs:

• Medical treatment costs, travel expenses, medical aids

• Loss of earnings, Household management damage

• Rental car or Loss of use (if you do not take a replacement vehicle)

You can find more information on the vehicle section here:
Loss of use after a road accident - what you should know
If the accident has a long-lasting effect - demurrage and loss of use in the event of delayed settlement

If the behaviour of the other party involved in the accident was particularly reckless, this also affects the Criminal law - Backgrounds:
Dangerous interference with road traffic

An overview of the topics can be found in our Traffic law overview:
https://so-anwaelte.de/verkehrsrecht/

Tactics in regulation: Realistic amounts instead of quick settlements

Offered early Severance payments are often too low and rule out further claims. Our approach is different: we first make a conservative estimate, then provide medical documentation and medical history and renegotiate in stages - with court support if necessary. The judgements from Karlsruhe and Cologne help to refute typical objections („insufficient strength“, „no images“, „previous illness“).

Also of practical importance is the Time factorIf you go to the doctor early, document early and set deadlines, you will noticeably shorten the path to payment. And: Statute of limitations Note - claims for compensation for pain and suffering are generally time-barred after three years from the end of the year of the accident. We will check this and safeguard your rights.

Exemplary constellations - when does the order of magnitude change?

• Short complaints, fast recovery: rather in the three- or low four-digit range.

• Months of pain, hospitalisation, physiotherapy, loss of everyday life: mid to higher four-digit range - this is where the aforementioned 10.000 €-cases.

• Operations, rehab, permanent damage: significantly higher, depending on the extent.

Important: Every case is individual. The Document situation ultimately determines the bandwidth.

Your common thread after the road accident

Immediately after the AccidentPolice/accident recording, photos, witnesses. Medical: have a medical examination promptly, take the findings with you. Subsequently: collect documents, note the course of the complaint, do not sign a hasty settlement, if necessary initiate an orthopaedic expert opinion in the case of back/neck. At the same time we bundle Compensation for pain and suffering and Material damage in one strategy - including Interest and Legal fees.

Conclusion

Compensation for pain and suffering is not a product of chance, but the result of Structured accident settlement. Anyone who provides clear medical documentation, makes the course of events tangible and, in controversial cases Orthopaedic expert opinion increases the chances of a fair compensation enormous. The current case law - OLG Karlsruhe and OLG Cologne - empowers accident victims and shows: Even injuries without „visible“ findings are to be taken seriously and are eligible for compensation.

If you trafficIf you require legal support or further information, we will be happy to assist you at our offices in Sulingen, Bremen, Osnabrück or online.
As a specialised law firm in the field of Traffic law we suspend your claims Road accident and Accident settlement quickly and consistently - from the first letter to payment.

FAQ

1) How is the amount of compensation for pain and suffering determined?
According to the type and duration of the injuries, treatments, loss of everyday life and remaining consequences. The overall view of the documents and findings is decisive.

2) Do I necessarily need an MRI or X-ray?
No. Especially in the case of back/neck complaints, a thorough Orthopaedic examination with anamnesis and functional tests. Images are helpful, but not mandatory.

3) Who pays the compensation?
Regularly the Motor vehicle liability insurance of the person responsible for the accident. We report and quantify your claims to the insurance company.

4) What if I have pre-existing conditions?
Pre-existing conditions do not exclude claims. The decisive factor is whether the accident has affected your current complaints. triggered or amplified has - we prove this medically.

5) I only went to the doctor days after the accident - is that a problem?
Late contact with a doctor is not a knock-out criterion. What is important is Clean follow-up documentation of the course. The earlier the documents are available, the better.

6) Should I sign a redundancy offer?
Please have this checked beforehand. Severance payments are often too low and exclude further claims. We negotiate realistic amounts - in court if necessary.

7) What other items can I claim in addition to compensation for pain and suffering?
Z. e.g. medical treatment costs, travelling expenses, loss of earnings, damage to housekeeping and Rental car or Loss of use.

8) How long do I have? (statute of limitations)
As a rule 3 years from the end of the year of the accident. Longer periods may apply in the event of serious personal injury. We secure your claims in good time.