A pain and suffering claim is a legal claim that can help compensate you for the physical pain and mental anguish caused by an accident, illness or other tragic event. In this article, we’ll tell you how to properly file a pain and suffering claim, how the amount of your claim is determined, what factors influence the courts’ decisions, and what specific cases may affect your claim.
Pain is a legal claim for compensation for non-pecuniary damage caused by physical or psychological suffering suffered by the injured person. This concept is enshrined in the Civil Code and is a form of compensation for loss of or damage to health. Anyone who suffers personal injury as a result of a breach of a legal obligation by another person is entitled to compensation for non-pecuniary damage.
Pain is specified as compensation for pain, hardship and suffering caused by physical or mental harm. Such compensation is intended not only to compensate for the loss or deterioration of health but also to contribute to the victim’s moral satisfaction by providing some form of financial satisfaction.
For example, if there is an accident where the injuries cause long-term pain and limitations in daily life, the victim is entitled to pain and suffering benefits to help them cope with these difficulties. In order to make this claim, the injured person must provide expert reports and evidence of the medical condition. This makes the whole process more complicated but also fairer.
Under the Civil Code, you can claim pain and suffering benefits if you have suffered personal injury as a result of the wrongful act of another person, for example in a car accident, assault or other injury caused by a third party. In these cases, you file a claim against the injured party – or his or her insurance company if he or she has liability insurance.
A different situation arises when you are injured at work or become ill as a result of your work environment. In this case, your claim is governed bythe Labour Code. In this case, your employer, or its contractual insurance company , pays the compensation for pain and suffering. In the Czech Republic, this is usually Kooperativa or Generali Česká pojišt’ovna.
The pain assessment is usually carried out by the factory doctor or another designated specialist on the basis of medical documentation. In addition to the pain compensation itself, the injured employee is often entitled to other compensation – for example, for loss of earnings, medical expenses or social disability.
The third way to get pain and suffering benefits is through private insurance – typically life or accident insurance. In this case, the amount of compensation is governed by the policy and the insurance company’ s valuation tables . Each of these companies may have different rules: some products pay out for minor injuries (e.g. a bruised ankle or minor burn), others only for more serious injuries.
The advantage is that this does not exclude claims against the injured party or the employer. So you can get pain and suffering benefits from both the at-fault party’s insurance company and your own accident policy, if you have both. However, insurance companies generally require accurate and timely reporting of the injury and medical documentation to the extent required.
Pain damages in the legal sense include two main categories: physical pain and mental suffering. Physical pain is obvious and stems from a specific injury or illness. For example, if a person suffers a broken leg or a serious injury in a car accident, he or she is entitled to pain benefits for the pain he or she feels during treatment and recovery. Here, the courts are usually guided by the intensity of the pain, the length of the treatment and its effect on the affected person’s daily activities.
Psychological suffering, which may also be compensated by pain, is more difficult to assess because it is not an objectively measurable physical injury. It may be psychological trauma following tragic events such as the loss of a loved one or long-term psychological suffering caused by the injury. In this respect, the law recognises that the psychological consequences can be as devastating as the physical ones.
An example would be where a person suffers from post-traumatic stress disorder following a serious car accident. Courts often award pain and suffering for mental harm as well, assessing the level of stress and strain experienced by the victim. In practice, this may be the case, for example, where a court awards pain and suffering damages for the anxiety and insomnia that followed a tragic event.
Determining the amount of pain and suffering damages is a complex process that depends on several factors. First, the severity of the injury or impairment must be evaluated. Physical pain, such as fractures, scarring, or permanent loss of function, tends to be evaluated based on its duration and intensity. The longer the pain persists and the more intense it is, the more compensation is usually awarded.
Psychological suffering is in some cases more difficult to quantify. An example would be where a car accident victim suffers permanent psychological effects such as depression or post-traumatic stress. Here, the decision-maker must assess the impact of these problems on the victim’s daily life and decide on compensation accordingly.
When determining the amount of pain and suffering compensation, courts often take into account previous decisions in comparable cases, i.e. decision-making practice. This approach ensures that compensation for pain and suffering is in line with already established standards and does not vary where there are similar cases.
The value of one point corresponds to CZK 461.65.
For example, if it is a severe injury that requires surgery and long-term rehabilitation, the compensation will be higher than for a minor injury. In practice, this can mean a difference of between several thousand to tens of thousands of crowns in compensation, depending on the length and severity of the injury.
The decisive document is the pain assessment. This report is prepared by a specialist doctor or expert witness who determines how much the injury or illness has affected the injured person’s life based on medical records, examinations and an assessment of the injured person’s health. The pain and suffering opinion must include a detailed description of the medical condition, the course of treatment and the prognosis. It is essential to a proper assessment of the extent of physical and psychological harm and is often the deciding factor in determining the amount of compensation in pain and suffering litigation.
Courts use the pain assessment to score pain awards. This system is based on assigning a certain number of points to the severity of the injury, with each point having a set value which is then converted into a financial amount. The pain score takes into account the intensity of the pain, its duration and its impact on the injured person’s daily life.
In 2025, the value of one point is set at CZK 461.65. The value of the point increases annually in line with the annual inflation rate.
There are certain specific situations that can affect the decision on the amount of pain benefits. For example, in the case of a serious and permanent injury, the court may award not only pain and suffering but also other forms of compensation, such as compensation for loss of income or long-term health complications. In such cases, the sums involved can be quite high, especially if the injured person loses the ability to pursue his or her profession or becomes dependent on the care of others.
If death occurs as a result of an accident or injury, relatives may also be able to claim for pain and suffering, although in this case the compensation is often lower than for direct damage to health. In the case of death, for example, the depth of the emotional relationship between the deceased and the survivor is taken into account.
In order to make a claim for pain and suffering, the injured person must bring a claim in court. The first step is to secure the necessary evidence, the most important of which are medical reports and expert reports. The injured person must prove that his or her injury or trauma is the result of someone else’s wrongful conduct, such as an accident or other illegal activity.
In practice, this means that if, for example, someone is the victim of an accident, they must provide a medical certificate of injury and, if applicable, psychological reports that prove the effects of the suffering on their psyche. The court then evaluates all this evidence and decides on an appropriate amount of compensation.
This process can be lengthy and complicated, but it gives victims a chance to receive fair compensation. However, it is important to prepare for the fact that a claim may be dismissed if there is not strong enough evidence to prove that the harm was caused by someone else’s fault. We will be happy to represent you and prepare the claim for you.
One of the biggest challenges in making a pain and suffering claim is quantifying the suffering. While physical pain is relatively easier to measure (for example, by length of hospitalisation or time off work), psychological and emotional suffering is harder to define and assess. Courts must always carefully assess the impact of the injury or traumatic event on the injured person’s quality of life.
Equally, it can be difficult to prove that the harm suffered was caused by a particular event. For example, if a person suffers an injury as a result of an accident, but the consequences are largely due to other factors (such as pre-existing health problems), the court may reject or reduce the amount of the pain claim.
Pain damages are financial compensation for physical or psychological harm suffered by an injured person as a result of another person’s wrongful conduct – most often in accidents or injuries. The amount of pain and suffering is determined on the basis of medical and expert opinions and is recalculated according to a score, with one point being worth CZK 461.65 in 2025. Compensation covers not only the pain and hardship of treatment, but also long-term psychological consequences such as stress or depression. The claim can be pursued through court action, which requires careful preparation of evidence and reports. The court takes into account the severity of the injury, the duration and intensity of the pain and the impact on the victim’s normal life. In some cases, additional compensation may be awarded, for example for loss of income. However, each case is assessed on an individual basis and the quality of the evidence is crucial.
Painful includes both physical pain and psychological suffering. Examples include pain from injuries, subsequent psychological problems or trauma caused by the loss of a loved one.
The amount of the pain award depends on the intensity and duration of the pain or psychological suffering. The effect on the injured person’s normal life and working capacity is also taken into account.
Yes, in the event of a death caused by someone else’s fault, relatives, especially close family members, can claim compensation for psychological suffering.
The process involves filing a lawsuit with the court and providing evidence such as medical reports, expert reports and testimony to support the injury.
The biggest problems arise in quantifying psychological pain and in proving that the injury or trauma was caused by a specific event.
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