Knowledge Series - Compensation for pain and suffering - New trends in Europe and the USA

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Compensation for pain and suffering

New trends in Europe and the USA

In almost all personal injury cases and some non-personal injury cases, compensation for pain and suffering, called by a different name and defined differently in almost each legal system, is one of the heads of damage that have to be paid for by the liable party and its insurer. However, there are numerous fundamental differences between pain and suffering awards and other factors of compensation.

Publication Compensation Pain Suffering - Munich Re

Compensation for pain and suffering
New trends in Europe and the USA

Knowledge Series
Risk, liability and insurance

Date of publication: 2012
Language: English
Order No.: 302-06542


To obtain the print version, please contact your Client Manager. Clients with access to our client portal can download the digital version of the publication at connect.munichre.

Extract from the contents

  • Introduction: Why non-pecuniary loss is different

  • The compensation of non-pecuniary loss
    • Historical background: Pecuniary compensation for nonpecuniary loss?
    • When to compensate non-pecuniary loss
    • Compensatory, preventive and punitive function
    • The compensation of non-pecuniary loss and the EU

  • The compensation of pain and suffering in bodily injury cases in Europe
    • Who is eligible?
    • How to determine who gets what

The US perspective

What’s next?

Annexe 1: Pain and suffering awards in special scenarios

Annexe 2: Country reports – Examples of different approaches

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This publication is available exclusively to Munich Re clients. Please contact your Client Manager.