Compensation for pain and suffering despite previous mental illness: judgment causes a stir!

Compensation for pain and suffering despite previous mental illness: judgment causes a stir!

A current ruling by the Schleswig-Holstein Higher Regional Court, which was decided on March 19, 2024, deals with the complex assessment of claims for compensation for psychological injuries as a result of a traffic accident. The case involved a 62-year-old motorcyclist who fell due to a right-of-way violation during an accident on August 23, 2014. The plaintiff suffered a rib fracture and had to receive medical attention, and psychological impairments were also the result of the accident.

The court found that the plaintiff was recognized as incapable of working due to an accident for approximately seven months. However, the right to compensation for other psychological and physical complaints was controversial. The defendant's insurance company rejected the plaintiff's psychological problems as pre-existing and rejected further claims. The court only recognized the inability to work until the end of March 2015 as being due to the accident; From April onwards, the causes of his impairments were due to previous psychological illnesses.

Complexity of legal assessment

This ruling highlights the challenges in legally assessing psychological injuries following accidents. The judges recognized that mental disorders cannot always be attributed to the damaging event. These also include cases with low impact energies or the so-called desire neuroses, which can serve as a pretext for financial security. These aspects must be considered in a differentiated manner when assessing the damage.

The decision also reduced the compensation for pain and suffering to a total of 15,000 euros, with payments already made amounting to 4,000 euros being deducted. The burden of proof lay with the perpetrator, which means that he was responsible for proving subsequent psychological damage. The court relied on medical reports that analyzed the different effects of the accident on the plaintiff.

Legal consequences and effects on the plaintiff

The insurance company's negative attitude meant that the plaintiff's claims for damages were examined in detail and partially rejected. While the court found that psychological impairments were recognized as accident-related until the end of March 2015, it limited claims for assistance beyond this period. This decision illustrates how psychological history and existing medical conditions can play a role in damage assessment.

The judgment shows the need for a precise legal analysis in cases of psychological consequences of accidents. The judges also ordered interest on the damages claims since December 11, 2017 and noted that pre-trial legal fees are recoverable based on the admitted damages claim. This judgment not only sheds light on the legal basis for those affected, but also illustrates the difficulties in enforcing compensation claims in such complex cases.

Further details on the legal aspects of psychological injuries following traffic accidents can be found at anwalt.de and kanzlei-kotz.de.