Law relating to animals

Compensation for damages and pain and suffering

The law on damages and compensation for pain and suffering includes those legal provisions that regulate claims for compensation for material or immaterial damage incurred.

If someone in Germany causes damage to a third party’s legal assets (e.g. assets, property, health, etc.), the question arises to what extent they are obliged to compensate the third party for this damage.

The law in the area of damages and compensation regulates in particular the conditions for the emergence of a claim for damages (fact) as well as the extent of the damage to be compensated (legal consequence).

In the law of damages and compensation for pain and suffering, claims for damages arise either from a contractual relationship, for example if one party behaves in breach of contract, see in particular §§ 280 ff. BGB. However, claims for damages can also arise from the law, e.g. in the event of unlawful damage to other people’s legal interests, cf. §§ 823 ff. BGB.

The scope of damage is regulated in particular in Sections 249 ff. of the Civil Code. The damage must generally be compensated in full in the law of damages and compensation for pain and suffering. According to § 253 I BGB, only material damage should be compensated, i.e. only monetary assets, but not immaterial damage. Section 253 Paragraph 2 of the German Civil Code (BGB) forms an important exception to this principle: In the event of injury, particularly to the body and health, compensation for pain and suffering must generally be paid as compensation for the non-material damage.

After a car accident, injured parties may be entitled to compensation. This also applies to close relatives who have to cope with the death of an accident victim.

A traffic accident does not always result in property damage. It can quickly happen that other road users are injured or even killed. In this situation, it is not just about compensation for financial loss through treatment costs, loss of earnings or rental car costs. In fact, accident victims may also be entitled to compensation for pain and suffering. The aim is to ensure that you receive compensation for the non-material damage you have suffered, particularly the pain you have suffered. In addition, the tortfeasor owes satisfaction to the accident victim.

Zu den zentralen Themen im Schadensersatzrecht und Schmerzensgeldrecht gehören:

  • Naturalrestitution
  • Damage compensation
  • Compensation for damages due to omission
  • Have to represent
  • Attribution of action/fault
  • Causality (creating liability, fulfilling liability)
  • Traffic safety obligations
  • Damage correction (e.g. benefit recognition)
  • Contributory negligence


On the following pages we will try to provide you with as much information as possible about the basic principles in the area of compensation and compensation for pain and suffering.

We also recommend the following pages on the subject of compensation law and pain and suffering law: