In an accident, two parties are usually involved. These are the person who caused the accident and the person who was injured in the accident. As a victim of an accident, you are entitled to compensation in most cases in the form of compensation for pain and suffering.
But even if the law is on your side, it is often difficult to claim compensation for pain and suffering. The insurance companies of the person who caused the accident are happy to resist and try to keep the amount as low as possible. Therefore, you should always consult a lawyer and find out what rights you are entitled to.
Determine entitlement to compensation
If your health is impaired, you have a comprehensive right to compensation for pain and suffering. With our tool you can determine the chances in your individual case.
Even if the law is on your side in these cases, a personal injury lawyer is often unavoidable for the proceedings! In order to successfully claim claims, it is important that all requirements, reports and estimates have been duly performed and formally correctly estimated. Only a lawyer has comprehensive access to the files and is experienced in the procedures
Otherwise, even accident victims are threatened with disappointing results in proceedings for compensation for pain and suffering. Because only a claim that can be specifically proven can be enforced in court.
You can use these diagnoses in the event of an accident
Personal injury and impairment of health can be asserted in court. As a rule, these sufferings are compensated for by payment of what is known as compensation for pain and suffering. The amount of compensation for pain and suffering is determined on the one hand by the intensity of the pain. The stronger the pain, the higher the compensation for pain and suffering.
The so-called intervention intensity also plays a major role here. If an operation is first necessary to restore the health of the injured party, this also has an impact on the amount. On the other hand, the occurrence of consequential damage also has an influence on the compensation for pain and suffering. If the injured party suffers chronic suffering or irreparable damage from then on, the compensation for pain and suffering is usually higher.
In addition to restoring the health of the injured party, the compensation for pain and suffering serves as satisfaction. After all, as an accident victim, you suffer from the negligence of the polluter. The main influencing factors that determine the amount of compensation for pain and suffering are the financial circumstances of the person who caused the accident, the so-called delay in settlement, and the degree of fault on the part of the person who caused the accident.
Personal injury of a mental and psychological nature can be asserted in the form of compensation for pain and suffering:
- Physical ailments (whiplash etc.)
- Mental consequences (depression, anxiety) that burden you as a result of the accident
- Chronic ailments
- deaths
- Care needs as a result of an accident
- Absenteeism
Pain and suffering compensation tables – an overview
The determination of the amount of the compensation for pain and suffering is always based on the individual case. So, there is no irrefutable table for pain and suffering. Nevertheless, some tables have meanwhile established themselves as standard works. These include the table for pain and suffering, as well as the ADAC table for pain and suffering.
It should be noted, however, that the tables give a good estimate of the framework in which the claims move. However, the amount that is ultimately determined by the court is at the discretion of the competent authority or the competent judge.
The following is an overview of the usual amounts for compensation for pain and suffering in the event of an accident. The information is based on previous court decisions in these cases. However, the final amount may vary in individual cases. However, the table is sufficient for an approximation and approximate assessment of the requirements.
Compensation table for fractures and other ailments of the skull
Degree of injury | Symptoms | Amount of the compensation |
Easy | Fractures without permanent damage | $ 1,500 – $ 2,000 |
Medium | Skull fractures with prospect of permanent damage | $ 5,000 – $ 12,000 |
Heavy | Fractures including traumatic brain injury or damage to the brain | $ 15,000 – $ 25,000 (cranial brain injury), $ 70,000 – $ 160,000 (brain damage) |
Compensation table for brain injuries
Degree of injury | Symptoms | Amount of the compensation |
Easy | First degree traumatic brain injury | $ 511 – $ 2,000 |
Medium | Traumatic brain injury 1st-2nd degrees with little permanent damage | $ 2,000 – $ 10,000 |
Traumatic brain injury 1st-2nd degree with concomitant personality change | $ 20,000 – $ 45,000 | |
Grade 2 traumatic brain injury | $ 25,000 – $ 70,000 | |
Heavy | Third degree traumatic brain injury | $ 20,000 – $ 80,000 |
3rd degree traumatic brain injury and subsequent need for care | $ 100,000 – $ 400,000 | |
Severe brain damage in a newborn | $ 500,000 (incl. $ 500 monthly pension) |
Compensation table for injuries to the teeth
Degree of injury | Symptoms | Amount of the compensation |
Easy | Tooth fracture or damage to two teeth | 100 – 1,900 $ |
Medium | Tooth loss (4 teeth) | 2,000 – 2,300 $ |
Heavy | Several years of treatment by orthodontists, toothache and inflammation | 5,000 – 10,5000 $ |
Table of compensation for injuries to the jaw
Degree of injury | Symptoms | Amount of the compensation |
Easy | Single or double jaw fracture | 850 – 4,200 $ |
Medium | triple fracture of the lower jaw, permanent damage | 8,500 – 15,000 $ |
Heavy | Fracture of the upper jaw requiring a prosthesis | 20,000 $ |
Compensation table for injuries to the cervical spine
Degree of injury | Symptoms | Amount of the compensation |
Easy | Bruises on cervical vertebrae and distortion | 450 – 550 $ |
Second degree whiplash | 1,400 – 2,500 $ | |
Complaints about cervical spine lasting up to a year | 3,000 – 3,600 $ | |
Complaints in the cervical spine lasting up to two years, whiplash and disc damage | 4,800 – 8,000 $ | |
Medium | First or second-degree whiplash, restricted mobility, partial disability | 50,000 $ |
Heavy | Paraplegia, accident-related care case to a severe degree | 400,000 $ |
Table of compensation for injuries to the thoracic spine
Degree of injury | Symptoms | Amount of the compensation |
Easy | Ceiling plate fracture of a vertebra with accompanying, temporary incapacity to work | 4,000 $ |
Ceiling plate fracture of three vertebrae with permanent damage and restricted movement | 6,300 $ | |
Medium | Fracture of a thoracic vertebra, inability to move for several weeks | 9,300 – 15,000 $ |
Fracture of three thoracic vertebrae, partial fusion of the spine | 30,000 – 40,000 $ | |
Heavy | paraplegia | 250,000 $ |