Simply well organised.
Always ask for free advice
Step 2Contact personal injury specialist
Step 3Holding liable & advance payment
Step 4Medical assessment
Step 5Follow-up process for personal injury
Step 6Settlement of your personal injury claim
How to calculate non-material damages
How can you calculate damages for non-material damage ?
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 firm . This is completely free of charge for you !
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.
How can I help you?
Simply well organised in 6 steps
Step 1 - Always ask for non-binding advice
In cases of personal injury, it is important to seek advice immediately . This ensures you run no risks and quickly gain clarity regarding who is liable, what personal injury damages you are entitled to compensation for, and whether the opposing party's claims are accurate. You would therefore be wise to request no-obligation advice from us immediately to receive instant clarity regarding your legal position . Our firm is known for its approachability. So, no "hassle," "complicated language," or "fast-talking sales pitches." You will receive no-obligation advice from us . It does not commit you to anything but gives you 100% certainty regarding the next sensible steps concerning your personal injury. Do you want to know today what your rights are? Or how to ensure that your personal injury damages are compensated correctly and for the right amount ? Then request no-obligation advice now. Afterwards, you can focus on your recovery, and we will personally ensure that you receive what you are entitled to. And that costs you nothing , because our legal assistance is completely free of charge for you . That is mandated by law.
Step 2 - First contact with your personal injury specialist
Does our initial contact give you a pleasant feeling? Then we will get to work for you immediately ! The person who will be assisting you will contact you within one working day to get to know each other better and to go over everything regarding your personal injury claim with you. This meeting is also entirely without obligation and therefore free of charge . During our conversation, we will discuss – among other things – the following:
- the circumstances of your accident
- the injuries you sustained and your recovery process
- the medical complaints and limitations that have arisen as a result of your injury
- possible disability
- the impact of the injury on your working and private life and
- the financial consequences of the injury and your personal injury claim for now and the future.
Step 3 - Holding the opposing party liable & advance payment
To receive compensation for your personal injury , you must hold the other party liable . Fortunately, you don't have to do this yourself, because that's what we do. In practice, the other party is usually insured. Your personal injury will therefore be compensated by an insurance company , not the other party themselves. We will inform the other party about the severity of your injury, the medical consequences, and the damages you have suffered up to that point. We will include your additional costs and any reduction in your income in a clear damage overview . This way, you always know where you stand financially. Based on the damage overview, we will ask the other party for an initial advance payment on your personal injury damages. If the other party accepts liability , this shouldn't take very long. After the initial advance payment, it is important to have your personal injury medically assessed.
Step 4 - Medical assessment
It is important to obtain a clear medical picture of your injury together with you . Therefore, it is important that our own doctors have access to the reports from your doctors. Additionally, this is necessary to fulfill your "burden of proof" towards the opposing party. After all, you must prove what injury you have sustained. And perhaps even more importantly: what consequences will your injury have for your future? The retrieval of your medical records is carried out by our own doctors . And only after your explicit permission . Your data is never sent to the opposing party without your permission. A medical assessment of your injury is of great importance for your personal injury claim. The insurers' doctors generally view your injury very differently than you and our doctors do. In fact, insurers often try to reject your personal injury claim on medical grounds . Hence.
Step 5 - Follow-up process for personal injury compensation
Sometimes your injury does not heal overnight. For example, if you have sustained bone fractures , whiplash , or a brain injury . It can then easily take two years before you are fully recovered. But what if you do not recover (fully)? In that case, it is considered permanent injury . It is therefore extremely important that we continue to follow and monitor your healing process throughout this entire period. We will consistently claim your additional costs and loss of income from the opposing party in the interim. This ensures that you never face financial difficulties during the duration of your personal injury claim. We will maintain frequent contact throughout the entire course of your injury claim , either by phone or through a home visit. Whichever you feel most comfortable with... Through close and personal contact, we ensure that you always receive what you are entitled to: namely, personal injury compensation that is as carefully calculated and refined as possible .
Step 6 - Settlement of your personal injury claim
Together with you, we will calculate what your personal injury compensation will look like. This compensation will consist of your total personal injury damages . Have you fully recovered? Then it concerns the damages that you may not yet have fully compensated for. However, you are also entitled to pain and suffering . Should you unexpectedly not fully recover, attention will also be paid to the personal injury damages you suffer in the (distant) future . Some components of your personal injury may even require compensation from the opposing party well into old age (for example, 70 years or older). We will prepare a settlement proposal for your personal injury claim together with you. If you agree to this, we will claim this amount from the opposing party . This involves a lump sum sum covering your full personal injury damages – including for the future. It is particularly in these types of personal injury cases that the dispute with the opposing party is often heated, simply because it involves relatively high personal injury compensation.
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