Czech court affirms equal injury payouts for foreigners and citizens

Pain and suffering compensation should be calculated on wages from a foreign national's home country the Czech Supreme Court has ruled.

ČTK

Written by ČTK Published on 06.04.2026 16:52:00 (updated on 06.04.2026) Reading time: 2 minutes

Foreigners injured in the Czech Republic are entitled to the same compensation as Czech citizens, with payouts calculated under identical rules regardless of where they live or earn, the Czech Supreme Court has confirmed.

The ruling clarifies a question that often concerns internationals: whether compensation for injuries, especially serious ones, might reflect higher wages or living standards abroad. The court’s answer is no.

Under Czech law, compensation for non-material harm, such as pain, suffering, and reduced quality of life, is standardized. It is not adjusted based on a person’s country of residence, income level, or cost of living.

“Life and health have equal value regardless of standard of living,” the court said in its decision.

Case stems from train collision

The case stemmed from the Pernink train collision, in which two passenger trains collided head-on, leaving two people dead and dozens injured. Among them was a German national who suffered serious physical and psychological injuries.

His insurer paid him about EUR 63,000 (roughly CZK 1.56 million) for pain and long-term impacts on daily life. He later sought additional compensation, arguing it should be calculated using German average wages rather than Czech ones.

Czech courts at multiple levels rejected the claim, and the Supreme Court upheld those decisions. Applying foreign wage standards, judges said, would give non-Czech victims an unfair advantage over locals.

Foreigners are not to be treated differently

For foreigners living in or visiting Czechia, the ruling reinforces a key principle: you will be treated equally under Czech law, but not differently because you come from a higher-income country.

That said, the court drew an important distinction. While compensation for pain and suffering is fixed under Czech methodology, financial losses can still be claimed separately. This includes lost income, medical expenses, or increased living costs resulting from an injury.

In practice, this means international claimants may still recover higher amounts overall but only through clearly documented economic damages, not through higher base compensation for harm itself.

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