The longer in the hospital the higher the compensation

Frankfurt Higher Regional Court applies new calculation method for the first time

The longer accident casualties are in the hospital and rehab, the higher their compensation will be. In any case, the Higher Regional Court (OLG) Frankfurt am Main in a judgment announced on Wednesday, October 31, 2018 (Az .: 22 U 97/16). According to their own information as the first Higher Regional Court nationwide, it applied a corresponding new method and awarded a motorcyclist injured in an accident to a fine of 11,000 euros.

The motorcyclist had been rammed in Obertshausen in the district of Offenbach by a car whose driver wanted to turn carelessly. He suffered numerous injuries and a permanent sensory disturbance of one hand. After the operation, he was on sick leave for over four months and was restricted in housekeeping.

The insurance of the driver paid the repair of the motorcycle and a compensation of 5,000 euros. She refused further payments.

So far, compensation for pain and suffering has been rather rough in such cases, and the courts are also basing themselves on tables with hitherto scored sums. The district court of Frankfurt am Main came so on a compensation of 10,500 euros and said the motorcyclist also compensation for a "budgetary damage".

With its verdict of 18 October 2018, the OLG set the fine to 11,000 euros and the budgetary damage to 1,500 euros.

However, the method that came to this conclusion is new. The Frankfurt judges assume that, compared to the previous procedure, "in the case of long-term impairments, significantly higher sums of compensation will be thrown out, while in the case of minor impairments, the sums of pain could be significantly reduced".

For the calculation, the average income converted to a day is then used first. On the personal income is not important, "because pain is felt by all people the same," said the Higher Regional Court. This daily rate is multiplied by a "Factor for the degree of damage sequelae" into which the exact duration of the hospital stay and possibly a subsequent rehab is included.

Even the previous calculation of the financial management damage is no longer up to date according to conviction of the Higher Regional Court Frankfurt. It does not take into account the increased use of kitchen machines and the fact that not so much emphasis is placed on the "presentation of food".

The new method includes household net income and a statistically increased share of housework, depending on household size - for a two-person household per week 25.9 hours for women and 18.55 hours for men. According to OLG, the hourly rate is the minimum wage (2018 8.84 euros, 2019 9.19 euros) or a slightly higher amount in individual cases. mwo