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Entitlement to compensation for headaches with severe health consequences
In the event of permanent damage to health as a result of a physical confrontation with headaches, the injured party may be entitled to compensation for pain and suffering in the amount of EUR 200,000. This was decided by the Oldenburg Higher Regional Court in the case of a man who has suffered significant restrictions since an assault (file number: 12 U 130/13, judgment of January 7, 2014).
200,000 euros in pain and suffering after headaches The plaintiff was suddenly attacked on September 29, 2007 in front of the “Dinis” disco in Aurich by a man. The defendant struck the plaintiff's head with his fist. Then he sat on his victim and struck again hard. The plaintiff suffered serious injuries, including traumatic brain injury, traumatic cerebral edema, and various fractures that required hospitalization. The man still suffers from the consequences of the attack today. Speech disorders, severe spasticity of the right leg, loss of fine motor skills in the right hand and impaired memory function will very likely remain without any significant improvement. A total of 80 percent of the damage was recognized by the plaintiff.
After the Aurich district court initially awarded the plaintiff a compensation of 170,000 euros, the Oldenburg Higher Regional Court increased the sum to 200,000 euros. The court justified this decision on the basis of the defendant's act of intent, the seriousness of the injuries, the lengthy and very stressful treatment and the severe permanent damage to the plaintiff.
Even a slight concussion after a head stroke can cause long-term damage. Patients who suffer violent head strikes do not always suffer from such serious and visible injuries. Even a concussion can cause long-term health consequences for those affected. For example, the traumatic brain injury can only be noticed later in thought processes. As part of a study, psychologists and physicians from the Universities of Münster and Marburg found that a slight concussion was sufficient. After a blow to the head, those affected should therefore always seek medical advice. (ag)