Abstract
The article presents an analysis and solution of the basic issues of damages for personal non-pecuniary damage against the background of German and Austrian law. It defines the concept of non-pecuniary damage and concludes that discrimination of damages for non-pecuniary damage actually does not exist.
Mental pain - as a result of the fact that law defined some of its forms - is also a full-fledged part of the category (concept) of pain and equal to physical pain, as a compensable item of non-pecuniary damage. Non-pecuniary damage in the form of personal injury can usually be largely restored.
Finally, the article defines and categorizes the basic factors that should be taken into account when assessing the extent of monetary compensation for non-pecuniary damage, especially in the form of pain, and prefers objective approach in this procedure, which can be subjectivized regarding to the exceptional nature of each case.