With regard to the extent to which the damage is to be compensated, there are essentially two possible arrangements:
- Actual compensation
- Full satisfaction
Whereas in the case of actual compensation only the positive damage is compensated, in the case of full satisfaction there is also compensation for loss of profit. The extent to which compensation is to be paid depends on the fault of the damaging party.
In the case of slight fault – i.e., slight negligence – only the positive damage is compensated. If, for example, an item is destroyed, the positive damage is calculated on the basis of the fair market value of the item. If such a fair market value cannot be determined, the costs of replacement must be compensated.
In any case, full satisfaction is only available in the case of intent or gross negligence (gross fault). The damage is calculated by comparing the actual financial situation of the injured party with his hypothetical financial situation without damage. Although this objective and subjective method results in the same value in most cases, differences may occur.
In principle, the injured party can only choose between the two methods if there is gross negligence. If, on the other hand, there is only slight negligence, this right to choose does not exist – in this case, the calculation must always be made objectively.
In addition, the law provides for compensation of damage for certain impairments of legal interests. For example, the following damage is compensated for bodily injury:
- Medical expenses
- Loss of earnings
- Compensation for pain and suffering
- Disfigurement
In the event of a death, the funeral expenses must also be reimbursed and the dependents are entitled to compensation for maintenance.
