Moral Damages (Genugtuung)

Concept

Moral damages (Genugtuung) are a monetary payment compensating non-material harm — that is, pain, suffering, or a serious impairment of psychological well-being resulting from bodily injury, death, or a severe infringement of personality rights. Unlike compensatory damages, which offset demonstrable material (economic) loss, moral damages are assessed according to the severity of the harm suffered and are set at the court’s discretion.

Eligible Claimants and Assessment

Entitlement to moral damages primarily rests with the injured person themselves, and, in the event of death, with their close relatives (relatives’ moral damages). Assessment is based on comparable cases and assessment tables, taking into account factors such as the severity of the injury, the duration of the impairment, the age of the injured person, and the degree of fault of the party causing the harm.

Relevance for Liability Insurance

Claims for moral damages are a regular component of bodily injury claims settlement in liability insurance and can reach substantial amounts, particularly in cases of severe bodily injury with permanent consequential harm; their accurate assessment is a key part of claims handling.