Damages for pain and suffering under § 1325 of the Austrian Civil Code (ABGB) compensate for physical and mental suffering after a bodily injury. There is no official table in Austria. The amount is assessed case by case on the basis of a medical expert report that records the periods of pain (slight, moderate, severe). Psychological harm that amounts to a medical condition (e.g. PTSD) is also compensable. As a rule, the other driver’s motor vehicle liability insurer pays – under § 26 of the Motor Vehicle Liability Insurance Act 1994 (KHVG), you have a direct right of action against it. Damages for pain and suffering are awarded as a lump sum. If there is a risk of long-term effects, an action for a declaratory judgment under § 228 of the Code of Civil Procedure (ZPO) secures future claims.
A road accident often leaves more behind than a damaged car: pain, restricted movement, sleepless nights. Austrian law grants damages for pain and suffering for this – a separate claim that compensates for what cannot be put on an invoice. This page explains clearly when you are entitled to damages for pain and suffering, how the amount is assessed and who pays. At Teamanwälte in Vienna, we pursue this claim for injured parties against the other party’s insurer.
When you are entitled to damages for pain and suffering
Damages for pain and suffering under § 1325 ABGB are part of the compensation for a bodily injury. They compensate not for financial loss but for the distress you have suffered: physical pain as well as mental suffering and the reduced enjoyment of life. They cover not only acute pain immediately after the accident, but also longer-lasting complaints, restricted movement and the psychological strain that comes with a serious injury.
What matters is the overall impairment – in other words, how severely and for how long you suffered from the consequences of the accident. You are entitled to damages for pain and suffering whether or not there is lasting damage, and even if the injury heals completely.
No official table – the amount depends on the expert report and the periods of pain
Contrary to what many people expect, there is no official table for damages for pain and suffering in Austria. The amount is assessed case by case – on the basis of a medical expert report that records the periods of pain. The report states how many days you endured pain of slight, moderate or severe intensity. These periods of pain and the daily rates give the range within which damages for pain and suffering are awarded.
As a rough guide, the following guideline daily rates are commonly cited in practice (not a binding table; they vary from case to case and depend on the court and the year):
- slight pain: around €110–160 per day (as a guide)
- moderate pain: around €220–280 per day (as a guide)
- severe pain: around €330–420 per day (as a guide)
To be clear: these figures are not a guarantee or a promise of any particular sum. The actual amount depends on the type of injury, the course of healing, your individual circumstances and the assessment in the specific proceedings. Anyone who advertises a fixed table is oversimplifying unduly.
Psychological harm is compensated too
Damages for pain and suffering are not only due for visible physical injuries. Psychological harm that amounts to a medical condition is also a separate, compensable loss – for example post-traumatic stress disorder (PTSD) after a serious accident. The mental impairment must reach the level of a health disorder that needs treatment; a low mood or a passing fright is not enough.
When claims are settled, such consequences are often overlooked or played down. Yet psychological after-effects in particular can affect your life for a long time – and they give rise to a claim for damages for pain and suffering even if no visible physical injury remains.
Who pays the damages for pain and suffering?
As a rule, the other driver’s motor vehicle liability insurer pays the damages for pain and suffering. One important point in your favour: under § 26 KHVG you have a direct right of action against this insurer. So you do not have to pursue the person who caused the accident personally – you can bring your claim directly against their insurer.
If the person who caused the damage is unknown (for example in a hit-and-run) or is not insured, the compensation scheme for road accident victims can step in through the competent insurance association; in principle, it also covers damages for pain and suffering. We check which rules currently apply to your case.
Awarded as a lump sum – secure long-term effects separately
Damages for pain and suffering are usually awarded as a lump sum – a single total amount that also takes into account how your condition is expected to develop. This generally settles the claim, including for further complaints that can already be foreseen.
Damages for pain and suffering: cases in the media
The press has reported on cases in which we claimed damages for pain and suffering for injured people. A selection:
‘Motorway toilet door rips off Viennese woman’s finger’
At a rest area on the Southern Motorway, the heavy metal door of a motorway toilet slammed shut and almost severed the top segment of a Viennese GP’s finger. We represent her and are claiming around €50,000 in damages for pain and suffering and loss of earnings from Asfinag, the motorway operator; Asfinag’s initial view is that it is not at fault.
View original clipping (PDF) →‘Pedestrian run over: “I didn’t stand a chance”’
A Viennese woman was run over by a turning lorry on a pedestrian crossing; months in hospital and rehabilitation followed. We represented her in the proceedings over damages for pain and suffering and finally obtained compensation of just under €100,000.
Read the report on krone.at →How we help you
We are a Vienna law firm led by Mag. Johannes Bügler, and we know local practice – from the courts with jurisdiction to the way the major insurers operate. We make sure the periods of pain are properly assessed by a medical expert, we also claim for psychological harm, and we scrutinise every settlement offer before you sign anything. If you were not at fault for the accident, the other party’s insurer usually covers the necessary legal fees – so the initial review is often free of charge for you.
Teamanwälte – Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at
For more on the wider topic, see our page on Road accidents & damages. If the claim is based on a treatment error, the same legal basis applies (§ 1325 ABGB) – see pain and suffering in medical liability cases.
Note: This article is for general information only and is not a substitute for individual legal advice. The amounts and daily rates mentioned are non-binding and for guidance only; the specific assessment is made case by case. We give no guarantee of success.