{"id":12002,"date":"2024-03-27T08:09:25","date_gmt":"2024-03-27T07:09:25","guid":{"rendered":"https:\/\/stirnweiss-brenner.de\/bodily-injury-when-is-compensation-for-pain-and-suffering-available\/"},"modified":"2026-03-09T17:16:50","modified_gmt":"2026-03-09T16:16:50","slug":"bodily-injury-when-is-compensation-for-pain-and-suffering-available","status":"publish","type":"post","link":"https:\/\/stirnweiss-brenner.de\/en\/guide\/bodily-injury-when-is-compensation-for-pain-and-suffering-available\/","title":{"rendered":"Bodily Injury: When Is Compensation for Pain and Suffering Available?"},"content":{"rendered":"\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

A <\/span>bodily injury<\/b> can have many health consequences\u2014and many legal ramifications as well. Victims often suffer not only damage to their <\/span>health<\/b> and <\/span>body<\/b>, but also<\/span> psychological impairments<\/b>. Even the mere <\/span>humiliation<\/b> caused by a bodily injury can be considered a form of harm.<\/span><\/p>\n


A criminal conviction of the perpetrator does not always provide sufficient redress for the victims. For this reason, it is possible to initiate civil proceedings and receive <\/span>compensation for pain and suffering<\/b> for the harm endured. This is intended to provide financial compensation for intangible damages. We will explain how much compensation for pain and suffering can be claimed in individual cases and how this claim can be enforced.<\/span><\/p>\n

<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Are you the victim of a bodily injury? <\/b>We are happy to assist you in enforcing your civil claims and also represent you as a co-plaintiff in criminal proceedings. We will handle all legal steps on your behalf. Please feel free to contact us at any time for an initial consultation. <\/span> <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t


What Is Bodily Injury?<\/strong><\/h2>\n

A <\/span>bodily injury<\/b> (\u00a7\u00a7 223 et seq. StGB) occurs when physical harm is inflicted on another person, i.e., when they are <\/span>physically abused<\/b> or their <\/span>health is damaged<\/b>. Consequently, a person’s physical well-being must be <\/span>impaired to a non-negligible degree<\/b> by the act. <\/span> <\/p>\n


We have summarized the bodily injury offenses at a glance: <\/span><\/p>\n

    \n
  1. Simple Bodily Injury<\/b> (<\/span>\u00a7 223 StGB<\/span><\/a>): The basic offense occurs when an intentional act causes physical abuse or health damage. It carries a prison sentence of up to 5 years or a fine.<\/span><\/span>\n

    <\/p>\n<\/li>\n

  2. Dangerous Bodily Injury <\/b>(<\/span>\u00a7 224 StGB<\/span><\/a>): If the perpetrator uses, for example, a weapon, poison, or a dangerous tool, or acts jointly with other participants, dangerous bodily injury is present. The minimum prison sentence is 6 months, with a maximum of 10 years.<\/span><\/span>\n

    <\/p>\n<\/li>\n

  3. Grievous Bodily Injury<\/b> (<\/span>\u00a7 226 StGB<\/span><\/a>): For grievous bodily injury, a serious consequence must occur. This is the case, for example, with disfigurement, loss of eyesight, or loss of an important body part. It carries a prison sentence of 1 year to 10 years.<\/span><\/span>\n

    <\/p>\n<\/li>\n

  4. Bodily Injury Resulting in Death<\/b> (<\/span>\u00a7 227 StGB<\/span><\/a>): For this offense, the bodily injury must have caused the death of the injured person. A conviction results in a prison sentence of not less than 3 years.<\/span><\/span>\n

    <\/p>\n<\/li>\n

  5. Negligent Bodily Injury<\/b> (<\/span>\u00a7 229 StGB<\/span><\/a>): If the perpetrator acts negligently rather than intentionally, the penalty is lower. This offense is frequently applicable in traffic offenses. It carries a prison sentence of up to 3 years or a fine.<\/span><\/li>\n<\/ol>\n
    <\/div>\n

    When Does a Claim for Compensation for Pain and Suffering Arise?<\/strong> <\/span><\/h2>\n

    Compensation for pain and suffering<\/b> is intended to provide financial compensation for the suffering endured, physical pain, health impairments, or psychological consequences of an act. Certain requirements must be met: <\/span> <\/p>\n

      \n
    1. Violation of a legal interest (e.g., violation of physical integrity)<\/span><\/span>\n

      <\/p>\n<\/li>\n

    2. Intentional or negligent unlawful act<\/span><\/span>\n

      <\/p>\n<\/li>\n

    3. Damage<\/span><\/span>\n

      <\/p>\n<\/li>\n

    4. The act must be causally linked to the damage incurred.<\/span><\/span>\n

      <\/p>\n<\/li>\n

    5. The pain or damage suffered must not be insignificant. <\/span><\/li>\n<\/ol>\n


      Compensation for pain and suffering is a <\/span>civil claim<\/b>. The existence of criminal proceedings is not a prerequisite for claiming compensation for pain and suffering. In addition to the directly affected person, <\/span>third parties<\/b> who suffer, for example, shock as a result of the act (e.g., due to the accidental death of a relative) may also be entitled to compensation for pain and suffering under certain circumstances. <\/span> <\/p>\n


      However, one thing is certain: If a criminal offense has been legally established, this generally represents a significant advantage for civil proceedings. In principle, a criminal judgment does not have binding effect in civil court proceedings, so the civil court can theoretically reach a different conclusion than the criminal court. In our experience, however, following a criminal conviction of the perpetrator, the likelihood is high that a claim against the tortfeasor can also be enforced in civil law. Therefore, it is advisable to first go through the <\/span>criminal proceedings as a co-plaintiff\/witness<\/b>, and then pursue <\/span>civil proceedings<\/b>. We would be happy to advise you on the details in a personal consultation.<\/span><\/p>\n

      <\/span><\/p>\n

      Amount of Compensation for Pain and Suffering in Cases of Bodily Injury<\/strong> <\/span><\/h2>\n

      The amount of compensation for pain and suffering depends on the <\/span>individual case<\/b>. There is no statutory provision specifying who receives how much compensation for pain and suffering for which act; rather, courts decide individually on the award and amount of compensation for pain and suffering. <\/span> <\/p>\n

      <\/h2>\n

      On the one hand, the <\/span>severity of the act<\/b> and the degree of injury play a role, but the <\/span>perpetrator’s culpability<\/b> also influences the calculation. In the case of a negligent act, less compensation for pain and suffering is generally awarded than for an intentional act. <\/span> <\/p>\n

      <\/h2>\n

      Even though courts decide independently and with reference to individual cases, they nevertheless orient themselves to previously issued judgments concerning similar cases. Legally binding judgments can therefore provide a <\/span>rough indication<\/b> of the amount of compensation for pain and suffering to be expected in cases of bodily injury: <\/span> <\/p>\n

      <\/h2>\n