How do I get compensation?
If, for example, you have been involved in a traffic accident, then in most cases there will also be compensation for suffering.
According to Section 253, Paragraph 2 of the German Civil Code, it is up to the court to assess the “equitable” compensation. Therefore, no quantified claim is required. This means that you do not have to quantify the compensation for pain and suffering in the amount of €500,00, for example, but it is sufficient if you inform the court of the actual basis for the assessment of the compensation for pain and suffering and a minimum amount is specified. For example, the following claim is sufficient:
"The defendants are jointly and severally ordered to pay to the plaintiff a reasonable compensation, but at least 500,00 €, together with 5 percentage points above the respective base rate since lis pendens."
The value in dispute corresponds to the specified minimum amount, here 500,00 €.
If you are to be sure in the assessment of the penalty and this should be within the jurisdiction of the district court, so under 5.000,00 € in dispute, so you can file this lawsuit itself.
However, especially in the case of late damage, a close attention should be paid to the decision as to which kind of claim for damages should be levied. This is primarily between
1. the unrestrained pain and pains suit
2. make a difference to the pain relief money suit.
These differ as follows:
1. The unrestricted pain-and-loss complaint
This claim for pain and suffering is based on payment not only for the already occurred, but also all recognizable and objectively foreseeable future accident-related injury consequences. Such a procedure may make sense if the damage has already been completed and the injured party wishes to compensate for this damage.
If the damage has not yet been completed, such a claim for damages would result in the injured party only being entitled to sue, with the result that he would then have to forego the payment of a sums of compensation for a longer period of time, provided he did not the risk of having a part of his claim to follow because of a pending damage development.
2. The pain relief money suit
The Federal Supreme Court has already considered the so-called "open application for damages" admissible. In this form of the partial action, only the consequences of injury that occurred at the time of the last oral proceedings are taken into account. Conversely, the final amount of compensation remains open. On the other hand, the future deterioration will then be subject to the application for recognition, which must not be waived even in the case of an open application for damages for pain and suffering, in order to cope with any problems of statute of limitations.
As you can see, the right form of compensation for pain and suffering needs the utmost attention and experience. We are happy to represent you in all matters relating to your compensation and put it through the best possible against the harm. We also advise you comprehensively whether the allowance is to be applied for, for example, as a capital sum or, in (particularly) severe cases, also to be applied for as a pain bonus.
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