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When are you entitled to compensation for non-material damage, also known as pain and suffering?
At Van der Toorn Personenschade, your assistance with personal injury is FREE in almost all cases . Fill out the form immediately or read on quickly.
When are you entitled to compensation for non-material damage, also known as pain and suffering? & Have you suffered personal injury following an accident? Van der Toorn Personenschade has unparalleled experience in claiming pain and suffering.
>> amount of non-pecuniary damages €100,000 after brain injury due to employer's fault
>> damages of €1,000 to €2,000 after medical error
>> non-material damages or pain and suffering after amputation of the right little finger
People choose us because:
- 15,000+ victims helped
- Customer rating of 9+
- The specialist in non-pecuniary damages and personal injury
- The most involved personal injury law firm in the Netherlands
What is non-pecuniary damages or immaterial damages…?
Non-pecuniary damages are also commonly referred to as pain and suffering. They involve financial compensation for:
- pain,
- suffering and
- lost and yet to be lost joy in life.
This portion of your personal injury claim and its compensation clearly relates only to the grief, pain, and loss of enjoyment of life you experience because the other party injured .
This does not include any additional costs you incurred, compensation for assistance and care provided by your loved ones or third parties, or a reduction in your income. This portion of the personal injury claim is officially referred to as your material damages.
The amount of non-pecuniary damages in the Netherlands….
The amount of compensation you receive is influenced by a large number of factors.
These factors have been determined over time by Dutch judges in rulings they have made on the amount of non-pecuniary damages.
Factors that are important for the amount of non-pecuniary damages include:
- the type of injury you sustained
- the severity of your injury
- whether or not to admit someone to hospital or to a rehabilitation clinic
- the duration of the stay in the hospital or rehabilitation clinic
- the duration and severity of the medical treatments
- the final duration of your injury recovery
- the pain you experienced during your recovery
- the pain you will continue to have in the future
- the presence of permanent residual limitations
- the presence of permanent visible consequences of the injury, such as scars, limping
- the impact of the lasting (visible) consequences on your work, relationships, social circle and leisure activities
- the duration and degree of disability resulting from your injury and
- the degree of limitation in the development of your future working life.
Unfortunately, not every "point" has a specific amount of damages. The totality of factors in a given case is weighed and assessed, and the amount of your damages is derived from that.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Non-pecuniary damages and the ANWB Non-pecuniary damages guide ….
All Dutch court rulings on non-pecuniary damages are periodically compiled in the ANWB Non-pecuniary Damages Guide. Our personal injury specialists use the Non-pecuniary Damages Guide as a guideline for determining your non-pecuniary damages.
“Oh, so I can do that myself,” I hear you thinking….
If only it were that easy. Every personal injury victim is an individual with their own feelings and therefore also their own psychological reactions to physical injury. Therefore, no two assessments of non-pecuniary damages are the same.
Therefore, only the “real personal injury specialists” can guarantee that you will receive the maximum compensation for pain and suffering.
Free expert assistance in recovering your damages ...
In the Netherlands, if the other party is liable for your personal injury, they must also pay your legal costs (i.e., our costs). Our costs are therefore fully recovered from the other party, making our legal assistance free for you. You won't even see the invoice. So you can benefit from our highly skilled personal injury specialists, without it costing you a thing! Therefore, it's always wise to have us assess your personal injury and your options for compensation. This initial assessment is also completely free of charge, even if you decide not to use our services afterward. We promise!
What now…?
The longer you continue to dwell on your thoughts regarding your injury, personal injury damages, and pain and suffering, the more difficult it becomes to recover your damages to the fullest extent. Therefore, do not continue to struggle with the opposing party yourself, but engage an expert personal injury specialist as soon as possible to safeguard your financial interests. Contact our specialists immediately. The initial consultation, including a home visit, is always free of charge!
Ask your question now and receive initial free advice the same working day.
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).
At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront 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 if you have suffered an injury (been injured) due to the fault of another person
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 contact us as soon as possible
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 contact us , without obligation
We'll give you clear advice right away . 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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