The longer in the hospital the higher the allowance

The longer in the hospital the higher the allowance

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

The longer the accident injuries are in the hospital and in rehab, the higher their compensation should be. At least, that is the opinion of the Higher Regional Court (OLG) Frankfurt am Main in a judgment announced on Wednesday, October 31, 2018 (Az .: 22 U 97/16). According to its own information, it was the first OLG nationwide to apply a corresponding new method and awarded a motorcyclist injured in an accident a compensation of 11,000 euros.

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

The motorist's insurance paid for the repair of the motorcycle and a compensation of 5,000 euros. She declined further payments.

So far, the compensation for pain and suffering has been roughly estimated in such cases, and the courts are also based on tables with previously awarded sums. The district court of Frankfurt am Main thus received a compensation for pain and suffering of 10,500 euros and also awarded the motorcyclist a replacement for "housekeeping damage".

With its judgment of October 18, 2018, the OLG set the compensation for pain and suffering at 11,000 euros and the budgetary damages at 1,500 euros.

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

The average income converted to one day is then used for the calculation. Personal income is not important, "since pain is perceived equally by everyone," emphasized the OLG. This daily rate is multiplied by a "factor for the degree of damage consequences", which includes the duration of the hospital stay and, if necessary, a subsequent rehab.

The OLG Frankfurt is also convinced that the previous calculation of budgetary damage is no longer up to date. They do not take into account the increased use of kitchen machines and the fact that the "presentation of food" is no longer so important.

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

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