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Non-material damages for personal injury (pain and suffering)
calculate pain and suffering compensation (non-material damages for personal injury) yourself. It is so complex that you almost always need the help of an expert personal injury firm.
But even we can never tell you in advance how much compensation you're entitled to in non-pecuniary damages. There's no hard and fast formula for calculating your compensation.
By the way, what many people don't know is that in addition to compensation for pain and suffering are always entitled to compensation for their additional costs and lost income. And to reimbursement for their legal fees, making our assistance completely free of charge (FREE) .
Have you been involved in an accident? And do you want to know how your compensation for non-material damages works? Then be sure to ask for advicefor you entirely without obligation and free of charge. So that can never hurt, right?
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Legal provision and meaning of non-material damage
Article 6:95 of the Dutch Civil Code states that personal injury may consist of: “financial loss and other disadvantages”.
This “other disadvantage” is your compensation for pain and suffering. Your additional costs and loss of income are your financial loss.
When calculating compensation for pain and suffering, it specifically concerns the valuation of your non-material damage. Your “non-material damage” consists of, among other things:
- physical pain
- mental suffering
- sadness
- reduction of zest for life and
- “other harm to your person”.
It is often thought that the term “pain and suffering” or “compensation for non-material damages” stands for a person’s total compensation for personal injury. That is not the case.
In addition to compensation for non-material damage, you are also always entitled to compensation for your extra costs and lost income (in the event of incapacity for work).
Causes of non-material damage after an accident
Non-material damage often results from an accident. Our firm specializes in this area. Examples of accidents include:
- car accident
- bicycle accident
- accident with scooter, moped or light moped
- bicycle accident
- an accident in which you were a passenger or sat in the back seat
- motorcycle accident
- an accident on public transport
- industrial accident
- by slipping, tripping or falling
- an accident caused by a stray dog or a dog bite
- a collision with wildlife
- a fall from a horse
- an accident during an organized trip
- injury sustained by an unsafe product
- a medical error
- another cause
Non-material damages in case of personal injury
When calculating compensation for non-pecuniary damage, it concerns the mental consequences of your physical injury.
Therefore, it does not concern the direct financial consequences of your injury, such as additional costs and lost income. Incidentally, that damage must also be compensated by the opposing party!
It is logical that physical injuries are accompanied by psychological problems, sadness and sometimes despondency.
When calculating and determining damages for pain and suffering, both “aspects” are taken into account.
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Compensation for psychological damage
There are also cases, however, where only psychological damage occurs.
You may then also be entitled to compensation for pain and suffering and for your additional costs and lost income.
It's important that your psychological injury is clearly diagnosed by a medical specialist and is caused by an accident.
The amount of non-material damages after an accident
There is a world of difference between the way liability insurers calculate compensation for pain and suffering and the way you experience this.
“Compared to the countries around us, compensation for pain and suffering in the Netherlands is (often distressingly) low.”.
When calculating your compensation for non-pecuniary damages, we first consider your personal situation. Your personal situation is then compared to past and present court rulings.
In this way, we try to find as many similar cases as possible. But that's easier said than done.
In addition, the development of the amount of non-pecuniary damages in more recent legal decisions must be taken into account.
Calculating compensation for pain and suffering is therefore truly a job for specialists. We therefore generally advise personal injury victims not to negotiate compensation for pain and suffering with the liable insurer themselves.
Especially because the assistance of a personal injury agency in calculating your personal injury damages and compensation always free of charge . This is stipulated in the law.
Calculating non-material damages in case of injury
If you suffer an injury due to the fault of another, you are entitled to compensation for your personal injury.
Your personal injury claim can consist of financial damage (additional costs and lost income) and “loss of enjoyment of life”.
For your loss of enjoyment of life, you are entitled to separate compensation for personal injury, as pain and suffering or non-material damages .
Calculating your compensation for non-material damage is complicated and really only for specialized experts.
Determining compensation for non-pecuniary damages varies from person to person. And one person is simply not the same as another. So, it almost always involves a customized approach.
A simple but effective example is that of a concert pianist with a hand injury.
If that concert pianist can no longer play the piano due to their hand injury, it will generally have more psychological consequences for them than for someone who plays piano as a side hobby. Incidentally, without wanting to minimize the other person's suffering, quite the opposite!
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Ton van Gool NIVRE-
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Important factors when calculating non-pecuniary damages
When determining compensation for non-material damage in personal injury cases, account is taken of, among other things:
- nature and severity of the injury
- degree of pain suffered
- duration of recovery
- degree to which one is aware of one's condition,
- permanent scars
- physical limitations
- no longer being able to practice hobbies and sports
- restrictions in the recreational sphere
- degree of disability
- dependence on others
- age
- gender and
- other social factors.
Non-material damages for whiplash injuries
Unfortunately, the amounts for non-material damages for personal injury caused by whiplash lower than those for other injuries.
Unfortunately, we can't change this, as much as we'd like to. However, it's the Dutch judges who determine the amount of compensation for pain and suffering in cases of whiplash injury.
Naturally, we always do everything we can to calculate the compensation for whiplash as fairly as possible (read: as high as possible). Because that's our job and our duty. Fortunately, we do a very good job!
Settlement of (non-material) damages
Your compensation for pain and suffering can only be definitively calculated and determined once your total personal injury damages have been settled.
The settlement of your personal injury claim will normally take place if you either:
- have fully recovered
- when it becomes clear that you will not fully recover and will therefore suffer permanent injuries.
This concerns not only your compensation for non-material damages, but also the total compensation for all additional costs and lost income. For both the past and your future.
Also compensation for additional costs and lost income!
Compensation for pain and suffering is therefore specifically intended for your mental damage, for the suffering that has been inflicted on you.
If you have suffered an injury due to the fault of another, you are also always entitled to compensation for your other financial losses, such as:
For example, you might think:
- concrete additional costs
- reimbursements for informal care, assistance and nursing
- lost revenue
- legal costs (read: our fee).
Van der Toorn Personenschade is the specialist in the field of personal injury and calculating compensation for pain and suffering.
Always seek legal advice
Do you need legal advice regarding compensation for non-material damages in personal injury cases? Please feel free to contact us. We can almost always tell you the situation immediately.
Furthermore, if you wish, we can look together at the extent to which you are also entitled to additional financial compensation. Such as compensation for your extra costs and lost income. Or perhaps you would like to know when it is best to engage a personal injury firm.
Our advice is completely free of obligation and doesn't require any strings attached. Afterward, you can decide for yourself what to do with it.
And if you decide to do business with us, it's completely free of charge. Because our costs must also be paid by the other party. This is stipulated in the law (Section 6:96 of).
We offer expert and personalized support in handling your personal injury claim. Call, email, or chat with us, and you'll know right away. Prefer to contact us directly? Send us a WhatsApp message and we'll get back to you immediately.
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Ton van Gool NIVRE-
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What customers ask
What is covered by non-material damage?
What constitutes non-material damage?
What constitutes non-material damage: To know what falls under non-material damage, it is important to understand that within personal injury cases distinguish between two types of damage: material damage and non-material damage.
Material damage
Material damage is any loss you feel in your wallet. This damage can be expressed in monetary terms. Think of lost income, medical expenses, the cost of hiring (household) help, or damage to broken items.
Non-material damage
Everything that remains falls under non-material damage. Also pain and suffering . Non-material damage is compensation for pain and discomfort or 'suffering and loss of enjoyment of life'. Compensation for all the misery the accident has caused in your life.
The law (Article 6:95 of the Dutch Civil Code) states that personal injury can consist of 'pecuniary damage and other disadvantage'. Pecuniary damage is the 'material damage' as described above, and 'other disadvantage' is the non-pecuniary damage.
Non-material damage includes physical pain, grief, psychological complaints and a reduction in the enjoyment of life.
Compensation for pain and suffering, or non-pecuniary damages, is therefore an important component of the total personal injury claim. It ensures that the liable insurer also compensates for the psychological consequences of the physical injury after an accident.
Important factors when calculating non-pecuniary damages
What constitutes non-pecuniary damages? As you can read above, these include physical pain, grief, psychological complaints, and a decrease in enjoyment of life. This, of course, varies greatly from person to person. To ensure that all aspects of your personal situation are taken into account, the assistance of a personal injury firm is essential. This is completely free of charge for you as the victim.
Factors not to be overlooked when determining compensation for non-material damage include the type of injury you sustained, the pain it caused (or continues to cause), whether you have recovered, and whether the injury results in permanent limitations. Additionally, permanent scarring a role, and it is important to take all your social factors into account (age, gender, living situation, and dependence on others).
Feel free to ask for advice!
What constitutes non-material damage? Calculating and determining compensation for non-material damage is truly a bespoke process. A small detail in your personal situation can make a significant difference in the amount of compensation. Therefore, always seek advice from a personal injury firm. This is entirely free of charge for you. Call or WhatsApp us without any obligation for tailored advice.
How to calculate non-material damages
How can you damages for non-material damage calculate
Calculating non-pecuniary damages: If you've been injured in an accident, you're always entitled to non-pecuniary damages. Below, we'll explain how these damages are calculated.
Calculating compensation for non-material damages varies by person and situation. There is no single answer or fixed formula. We recommend that everyone contact a specialized personal injury firm free of charge and without obligation. Call or message us. We are happy to help!
Two types of damage: material and immaterial
In personal injury cases , we distinguish between two types of damage: material damage and non-material damage.
Material damage is all damage that you feel in your wallet. This includes loss of income, medical expenses, or costs for hiring (domestic) help.
Non-pecuniary damages are also called pain and suffering. This is compensation for suffering and loss of enjoyment of life, or in other words: pain and discomfort. Compensation for all the misery the accident has caused in your life.
Since calculating non-pecuniary damages covers your emotional and psychological harm, it's very difficult to calculate an exact amount. The pain and discomfort you experience must be converted into monetary value. That's incredibly complex and requires a tailored approach.
What should you take into account?
All aspects of your personal situation play a role in calculating compensation for non-material damage. 'All circumstances of the case', as it is called in the world of personal injury .
Consider the type of injury you sustained, the pain it causes, whether you've recovered, and whether the injury causes permanent disabilities. Many other factors must be considered when determining the amount of non-pecuniary damages. Therefore, it's always wise to consult a personal injury firm.
Your personal situation must then be compared with court rulings. These court rulings will never exactly match your own situation, but they can offer some guidance.
The rulings may be recent, but some are from years ago. If the latter is the case, the calculation of non-pecuniary damages must also take into account the development of the amount of damages awarded in more recent rulings.
Want to calculate non-material damages yourself?
Since a small detail in your personal situation can significantly impact the amount of non-pecuniary damages, we advise victims not to negotiate the amount with the liable insurer themselves. Always seek expert advice!
Moreover, insurers view your pain and discomfort very differently than you do. You have to live with your pain every day, but the insurer does not. It is therefore wise to always seek advice from an expert. This is especially true when it comes to compensation for non-material damages, where the amounts can vary widely.
If you want the liable insurer to fully pay for your non-material damages, it is wise to engage a personal injury firmfor you completely free of charge!
Our colleagues at the personal injury helpdesk are ready to assist you and are happy to provide you with free advice on calculating compensation for non-material damages. Feel free to send us a message.
Who pays the compensation for non-material damage after an accident?
Who pays the compensation for non-material damage?
If you have been injured in an accident, you are entitled to compensation for non-pecuniary damages, but who actually pays for this compensation?
The opposing party pays the non-material damages
If you've been involved in an accident for which someone else can be held responsible, the liable party, usually an insurance company, must also pay compensation for non-pecuniary damages. This is separate from compensation for your additional costs and lost income.
Examples of accidents for which someone else can be held liable are: a car accident, an accident with a bicycle, scooter, moped or scooter, an accident in which you were a passenger or sat on the back of a passenger, an industrial accident, a fall from a horse or a dog bite.
In almost all of the above cases, you can successfully sue an insurer for your damages, namely your expenses, lost income, and therefore compensation for non-pecuniary damages. However, you will have to pursue this yourself. The best and easiest way to ensure that the liable insurer pays out all damages (personal injury and non-pecuniary damages) is to engage a personal injury law firm. A personal injury specialist or advocate knows exactly what to consider when determining the amount of compensation.
Must the liable insurer always pay non-material damages?
If you've been injured in an accident, you're always entitled to compensation for non-pecuniary damages. This is separate from compensation for your expenses and lost income. Whether, and if so, how much, non-pecuniary damages or "pain and suffering" they pay varies by insurer. Precisely because there's no fixed formula for calculating non-pecuniary damages, this often leads to discussion.
Insurers view the amount of compensation very differently than you do. You know better than anyone how much misery the accident caused. Avoid an unpleasant discussion and immediately contact a personal injury expert who will work with you and ensure that the liable insurer pays a fair amount!
Call or app us without any obligation for appropriate advice.
When compensation for non-material damage after an accident
When is there a right to non-material damage?
Have you been involved in an accident and are you wondering if you're entitled to compensation for non-pecuniary damages? We'll answer your question below.
Being involved in an accident is never fun. And if you're injured in the process, you're often even more disadvantaged.
Are you injured after an accident? Then you are always entitled to compensation for non-material damages!
What is non-material damage compensation after an accident?
Non-pecuniary damages after an accident are also called "pain and suffering." This is compensation for pain and discomfort or compensation for "suffering and loss of enjoyment of life." Compensation for all the misery the accident has caused in your life.
Besides financial damage, an accident often brings many unpleasant consequences. Things that simply can't be expressed in money. A missed vacation, no fun activities, limited outdoor time due to immobility.
With the non-material damage compensation after an accident, the liable insurer compensates for these inconveniences.
Am I always entitled to compensation for pain and suffering?
If you experience physical symptoms after an accident, even if they aren't permanent, you're entitled to compensation. If you're curious whether this applies to you, feel free to contact us for a consultation. It's completely free, of course!
Conditions for compensation for non-material damage?
Determining compensation for non-material damage after an accident is very difficult. Therefore, it's always wise to seek assistance. By law (Article 6:96 of the Dutch Civil Code), this assistance is free of charge for victims.
Have you been involved in an accident and injured? Always contact a personal injury firm. Calculating and determining compensation for non-pecuniary damages requires a customized approach. Moreover, it will save you a lot of trouble by not having to argue with the liable insurer yourself!
Our colleagues at the personal injury helpdesk are ready to assist you and are happy to provide you with free advice.
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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