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How personal injury compensation differs in the U.S. compared to Germany, Austria and Switzerland

On Behalf of | Oct 19, 2023 | Munich, Personal Injury and Wrongful Death |

Individuals who have been injured in the United States due to the negligence of others have the right to seek compensation. The following article will review who is eligible, the usual payment amounts, the legal process involved, and how personal injury compensation in the U.S. compares to Germany, Austria, and Switzerland.

Who is eligible?

In the U.S., anyone who has been injured in the country due to the negligence of another party is entitled to seek personal injury compensation. This applies to both US citizens and foreign nationals, regardless of where the injured party resides.

Who usually pays and how much?

The amount of personal injury compensation can vary depending on the specific case, considering factors such as the severity of the injuries, the impact on the injured party’s life, and the degree of fault on the part of the responsible party. In some cases, compensation payments can reach several million dollars. These payments are typically made through settlements reached between the parties involved or after a court proceeding. Insurance companies play a crucial role in these payments as the responsible party may not have the means to make such large payments themselves. Therefore, the extent of insurance coverage is of great importance for successfully claiming personal injury compensation in the U.S.

Are court proceedings always necessary?

Court proceedings are not always necessary. Often, parties involved try to reach an out-of-court settlement to save time and costs. However, if an agreement cannot be reached, the case may be taken to court. Insurance companies rarely make compensation payments without at least a lawsuit having been filed.

How do personal injury compensation amounts compare to other countries?

Compared to Germany, Austria and Switzerland, personal injury compensation amounts in the U.S. are generally much higher. This is due, in part, to the higher valuation of pain and suffering in the U.S. It is important to note, however, that each case is individually assessed, and the amount of compensation depends on various factors. Not every minor injury automatically leads to a personal injury compensation claim.

On the other hand, even minor scars might justify a claim for compensation, not so much because of the physical injury itself but due to the potential disfigurement it could cause in the future. As a rule of thumb, damages for pain and suffering may be between 5 to 10 times higher in the US than abroad. Of course, the actual amount in a case may vary very substantially from this rough estimate.

Seeking personal injury compensation in the U.S. after an accident can be complex. The attorneys at Urban Thier & Federer are available to support you in asserting your compensation claim following an accident in the USA. Typically, this can be done on a success fee basis.

Disclaimer: This article provides general information and does not constitute legal advice. In the event of a legal dispute, it is recommended to consult with a qualified attorney.