claim damages after an accident
Personal injury claimby the fault of another accident had injuries caused , resulting in financial damage. In that case, you can compensation for your personal injury from the opposing party.
Naturally, you want to recover your personal injury damages from the other party, and you want the best legal assistance! By law, you are entitled to full compensation. As a personal injury victim, you should not be financially worse off as a result of an accident or collision.
Is your opponent liable? Then you can recover all your personal injury damages. You really can't do this without legal assistance. You want what you're entitled to, right?
Contact us immediately for advice. It's free and 100% non-binding. If we help you with your personal injury claim, it's 100% free of charge. We promise!
When to claim damages for personal injury from the other party
When filing a personal injury claim after an accident , it is important that the other party is liable.
Is your opposing party fully liable? Then you can recover all your personal injury damages. Did you also make a mistake yourself (from a “legal perspective”? Then you will only receive partial compensation for your personal injury damages.
However, you may also have been given “extra legal protection” under law.
In traffic, for example, as a pedestrian or cyclist , and at work in the event of an industrial accidentalso have additional legal protection for injuries caused by animalsYou
In those cases, you can often recover all or part of your personal injury damages, even if the accident was your own fault.
As a passenger or if you were a passenger in the backseat, you will always receive full compensation for your injuries. Because in that situation, you simply cannot be at fault for the accident or collision.
Finally, there are special motor vehicle insurance policies that always cover 100% of your personal injury damages, even if the accident is entirely your own fault.
This is the so-called Passenger Damage Insurance (SVI insurance) or Passenger Damage Insurance (SVO insurance).
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Personal injury claim: complicated and time-consuming!
Recovering your personal injury damages from the other party is a complicated and often time-consuming process. You can't do it without the help of a qualified personal injury firm.
Did you know that after an accident or collision you are also entitled to reimbursement of your legal costs (i.e. our costs)?
In this way, you become entitled to completely free legal assistance. Our costs must also be reimbursed by the opposing party. Separate from your own compensation!
Always request a free consultation. Our expertise allows us to immediately tell you what you're entitled to and how best to recover your personal injury damages from the other party.
How much personal injury damages can be recovered from the opposing party?
How much personal injury compensation can you recover from the other party? That depends entirely on your personal situation. Examples of personal injury claims include:
- medical expenses
- costs of a hospital stay or doctor's visit
- costs of non-reimbursed medicines
- transportation costs
- costs of care and nursing
- compensation for informal care and days off for your loved ones
- costs of adjustments and aids
- compensation for domestic help
- compensation for garden maintenance
- compensation for work in, on and around your home
- income not fully paid
- missed overtime or missed irregular hours allowance
- missed bonuses, profit distributions and other benefits or allowances
- compensation for study delays (additional costs and later entry into the job market)
- pain and suffering (non-material damages) and
- your legal costs (i.e. our costs, which entitles you to free legal assistance).
In fact, you can reclaim any additional costs, unnecessary expenses, or loss of income resulting from your injury from the other party as personal injury damages (personal injury claim).
Non-pecuniary damages
A standard component of any personal injury claim is always your "non-pecuniary damages" (compensation for pain and suffering). This is damage that isn't "financial," but rather psychological and emotional harm resulting from the accident or collision.
After an accident or collision, you are in fact always entitled to compensation for non-material damage (pain and suffering). The amount of your pain and suffering compensation is determined by, among other things:
- the type of injury
- the severity of your injury
- the duration of your recovery
- the pain during your recovery
- whether there is permanent injury
- how much you depend on others
- can you still practice your hobbies?
- the impact on your family life and social contacts
- the impact on your working life
- etc.
How much compensation can be recovered from the other party?
The amount of compensation (personal injury claim compensation) depends purely on your personal situation and the consequences of your injury.
In addition, the amount of your compensation is determined by a previous court ruling. This method of recovering compensation is used by all personal injury lawyers, legal professionals, insurers, and judges and is therefore in accordance with Dutch law.
Compensating for non-pecuniary damages is a specialist job. You can't do it yourself.
Therefore, always seek advice. We can often tell you immediately what the situation is with your non-pecuniary damages and whether you indeed need expert assistance. After that, you can decide for yourself what to do with our advice.
Van der Toorn Personal Injury: the personal injury specialist
Since 2000, we have been the leading personal injury firm in the Netherlands and a super-specialist in the field of personal injury. In the meantime, we have successfully recovered more than 15,000 personal injury claims for our clients. We were the first personal injury firm to receive the Personal Injury Quality Mark.
High-quality legal expertise delivered in a pleasant and accessible manner. That's how we help you with your personal injury claim against the opposing party.
Our personal injury lawyers and (registered) experts are all super specialists in the field of personal injury claims.
We understand all aspects of your personal injury claim and together we will decide what is most in your best interest to successfully and maximally recover your personal injury damages.
Our assistance with personal injury recovery is always 100% free of charge for you. This is because our costs must also be reimbursed by the opposing party, separate from your own personal injury damages. This is regulated by law in Article 6:96 of the Dutch Civil Code.
If we are able to help you recover your personal injury damages, we will guarantee in advance that our assistance will be completely free of charge, even if the other party does not cover all our costs.
Claiming personal injury damages? Always ask for advice!
Are you wondering if it's worthwhile to recover your personal injury damages from the other party? Or are you unsure if you're entitled to compensation for your personal injury?
Contact us now for advice. You can do this via WhatsApp, phone, email, Personal Injury Test, or the form on our website. Whatever works best for you.
We'll provide you with expert and honest advice. Afterward, you can decide for yourself what to do with it.
And will we then help you recover your personal injury damages? Then the personal injury claim is completely free of charge. We promise!
What customers ask
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
upfront written cost guarantee with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
When can I claim personal injury damages?
You can claim damages for personal injury due to the fault of another person injury (been injured)
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to as soon as possible contact
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to without obligation us
We'll give you right away advice clear. Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
Stories from the field
I received excellent help with my personal injury claim and it cost me nothing!
One Sunday, I was hit by a car. A car didn't give me the right of way and hit my right leg. I fell off my bike and immediately knew something was wrong.
The ambulance took me to the hospital. I had to have surgery right away. Pins and plates in my leg, almost a year of rehabilitation, but it never fully recovered.
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