Head injuries consequences of headstrikes

Entitlement to compensation for head injuries with severe health consequences

02/12/2014

In the event of permanent damage to health as a result of a physical conflict with headstrikes, the injured party may be entitled to compensation in the amount of € 200,000. This was decided by the Oberlandesgericht Oldenburg in the case of a man who suffers significant restrictions since an assault (reference: 12 U 130/13, judgment of 7 January 2014).

200,000 euros compensation after headstrikes
The plaintiff was on September 29, 2007 in front of the disco „Dinis” was suddenly attacked by a man in Aurich. The defendant hit his fist against the plaintiff's head. Then he sat down on his victim and struck hard again. The plaintiff suffered severe injuries, including traumatic brain injury, traumatic cerebral edema, and various fractures requiring hospitalization. Even today, the man suffers from the consequences of the attack. Speech disorders, severe spasticity of the right leg, loss of fine motor skills in the right hand and impaired memory function are likely to persist permanently without significant improvement. Overall, the applicant has been recognized as having a degree of injury of 80 percent.

After the district court Aurich had initially awarded the plaintiff a compensation of 170,000 euros, the Oberlandesgericht Oldenburg increased the sum to 200,000 euros. The court justified this decision with the defendant's intentional act, the severity of the injuries, the lengthy and very stressful treatment and the strong lasting injury to the plaintiff.

Even a slight concussion after headstrikes can cause long-term damage
Patients do not always suffer from such heavy and visible injuries after heavy blows. Even a concussion can cause long-term health consequences for those affected. Thus, the skull-brain trauma can make itself felt later in thought processes. In a study, psychologists and physicians of the Universities of Münster and Marburg found out that a slight concussion already suffices for this. Patients should therefore seek medical advice in any case after a blow to the head. (Ag)