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Compensation for pain and suffering after an accident
Compensation for pain and suffering after an accident: to calculate your compensation, you need help from a qualified and experienced personal injury firm. Because that's not easy.
But: you're not only entitled to compensation for pain and suffering. Besides compensation for pain and suffering after an accident, you're also entitled to compensation for:
- your additional costs
- unpaid income and
- reimbursement of your legal costs (read: our fee).
In principle, therefore, you are entitled to is FREE of charge legal assistance. Have you had an accident resulting in injury and personal injury damages? Then always ask for personal injury advice. It costs you nothing, and we can almost always tell you immediately where you stand.
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Compensation for pain and suffering after an accident
Article 6:95 of the Dutch Civil Code states that personal injury following an accident may consist of: “pecuniary damage and other disadvantage”.
“Pain and suffering” refers to this “other disadvantage.” Pain and suffering compensation following an accident specifically concerns your non-material damage. Your non-material damage consists of:
- physical pain
- mental suffering
- sadness
- reduction of zest for life and
- “other harm to your person”.
It is often thought that “pain and suffering after an accident” or “compensationfor non-material damage” refers to a person’s total personal injury compensation. That is not the case.
Compensation for pain and suffering after an accident = only intellectual damage
Compensation for pain and suffering after an accident is specifically intended for your mental health and suffering.
Have you suffered injuries in an accident? Then you are entitled to separate financial compensation for non-pecuniary damages. Non-pecuniary damages after an accident are calculated separately from your other personal injury damages, such as your additional expenses and lost income.
Van der Toorn Personenschade is the specialist in the field of personal injury and compensation for pain and suffering following an accident.
Calculating compensation for pain and suffering in case of injury
If you sustain injuries after an accident, you are entitled to compensation for your personal injury. Your personal injury may consist of direct and indirect financial damage, such as additional costs and lost income.
In addition, you are entitled to compensation for "loss of enjoyment of life" (compensation for pain and suffering). You are entitled to a separate personal injury compensation claim for your "loss of enjoyment of life." This is called "compensation for pain and suffering." Calculating your compensation for pain and suffering after an accident is complicated and is really only for a qualified personal injury firm.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
When is compensation payable after an accident?
Injuries (and thus the right to compensation for pain and suffering) can arise from, among other things:
- a traffic accident
- an industrial accident
- an accident caused by animals or a dog bite
- an accident on public transport or
- due to some other kind of accident.
Compensation for pain and suffering after an accident therefore only covers the psychological consequences of your injury. This is in addition to your additional expenses and lost income.
It's perfectly logical that your physical injury is accompanied by psychological problems. When determining your compensation for pain and suffering after an accident, both aspects are taken into account.
Sometimes, an accident only results in psychological injuries. Even then, you are entitled to compensation, provided your psychological injuries have been clearly diagnosed by a medical specialist.
Amount of compensation for pain and suffering after an accident
There is a world of difference between the way liability insurers calculate compensation for pain and suffering after an accident and the way this is experienced by personal injury victims like you.
Compared to neighbouring countries, compensation for pain and suffering after an accident in the Netherlands is often (depressingly) low.
When calculating your compensation for non-pecuniary damages after an accident, we first consider your personal injury 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.
Compensation for pain and suffering after an accident: legal assistance needed
Calculating compensation for non-pecuniary damages after an accident is truly a job for specialists. Therefore, we advise personal injury victims not to negotiate the amount of non-pecuniary damages with the liable insurer themselves.
This also has to do with the fact that assistance from a personal injury agency is almost always free of charge. This is stipulated in Article 6:96.
Important factors in compensation for pain and suffering after an accident
When determining your compensation for pain and suffering after an accident, a number of circumstances are taken into account:
- nature and severity of your injury
- the extent to which you have suffered and may still suffer pain
- the duration of your recovery
- extent to which you are aware of your condition,
- whether you might be left with permanent scars from the accident
- whether you may have any physical limitations as a result of the accident
- or you may no longer be able to practice your hobbies and sports
- whether you have any restrictions in the recreational sphere
- whether you have become incapacitated for work and if so, how much
- to what extent you have become dependent on others for your daily life and your work
- your age
- your gender and
- your other “social factors”.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Compensation for pain and suffering after an accident with whiplash injury
Unfortunately, the amounts for pain and suffering following an accident involving whiplash injury are “even lower” than those for other injuries.
As much as we'd like to, unfortunately, there's nothing we can do about this. In the Netherlands, judges determine the amount of non-pecuniary damages for whiplash injuries.
Naturally, we always do everything we can to calculate the compensation for non-pecuniary damages for whiplash injuries as fairly as possible (read: as high as possible). Because that's our job and our duty!
Examples of compensation for pain and suffering after an accident
- €100,000 in damages for brain injury after a workplace accident
- €7,500 in non-material damages after amputation of the right little finger
- Non-pecuniary Damages Guide: Examples of non-pecuniary damages for whiplash
Always seek legal advice!
Have you suffered an injury due to someone else's negligence? Always seek personal injury advice! This is completely free and without obligation.
We can almost always tell you immediately where you stand legally. This includes not only compensation for pain and suffering after an accident, but also your additional costs and lost income.
FREE legal assistance for compensation for pain and suffering after an accident
If you decide to work 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).
And we take this even further. If we believe we can help you, you'll receive our written Cost Guarantee. If liability is unexpectedly not established, or if the other party doesn't (fully) reimburse our costs for some other reason, our Cost Guarantee will come into effect. In those cases, you won't receive an invoice from us! So you're always entitled to FREE legal assistance. We promise!
So, be sure to ask us for personal injury advice. You'll know exactly where you stand, and that's in your best interest!
We offer expert, personalized assistance with your personal injury claim. Call, email, or chat with us and you'll see for yourself.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Curious about your chances?
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
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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