Read all about injuries from a hot air balloon accident here
Hot air balloon accident and injuries? Always compensation!
Injured after a hot air balloon accident? You are ALWAYS entitled to compensation. This is legally stipulated.
It is not about what happened or whose fault it is. If you sustain an injury shortly before, during, or shortly after the balloon flight, the balloon operator is 100% liable for your personal injury damages. In any case and always up to a damage amount of 131,000 SDR (= approximately €108,000 as of mid-2022).
If the balloon operator can't sufficiently prove they weren't at fault for your injury, they're liable for your personal injury without limitation.
Hot air balloon accident: often a hassle with insurers
It's a good thing that the balloon carrier is always liable anyway.
After all, you can very easily sustain injuries in a hot air balloon accident, often with long-term financial consequences (additional costs, lost income , and pain and suffering). Personal injury damages that must be compensated by the opposing party. Not many people today are able to bear their financial losses themselves. Certainly not if they last for an extended period.
Although liability and compensation seem straightforward at first glance, in practice, this isn't the case. Every ball transporter is insured, so you'll always be dealing with a professional insurer as the other party. They often have their own perspective on liability, especially when it comes to more serious injuries with significant financial consequences for you.
Did you sustain an injury during a hot air balloon ride? And are you suffering financial damage (personal injury) as a result? Then do not take any risks and definitely seek advice!
We can almost always tell you immediately – based purely on your own story – what the liability situation is, what you should pay attention to with your compensation, and what further action you can take.
If we think you'd be better off with legal assistance, we'll explain why. Our advice is 100% non-binding. You can decide for yourself what you do with it.
And if you do indeed wish to make use of our specialized assistance afterwards, this is always 100% free of charge. After all, our costs must also be reimbursed by the opposing party, separate from your own compensation. This is stipulated in the law (Article 6:96 of the Dutch Civil Code).
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Common causes of hot air balloon accidents
Hot air balloon accidents are regularly reported in the news. These are often injuries caused by:
- collision with the ground (during take-off or landing)
- collision with an obstacle (during take-off, flight or landing)
- defect in or of the balloon itself
- landing in or on the water
- emergency landing
- fall from the basket during take-off or landing (due to malfunction or defects)
- loss of control during take-off, landing or during flight
- collision with an obstacle during take-off or landing.
All these accidents entitle you to personal injury compensation of up to at least SDR 131,000. If the balloon carrier cannot prove that there was no fault, then there is unlimited liability for your personal injury.
Risk liability for hot air balloon accident
When assessing your right to compensation up to €131,000, it's not a matter of whether mistakes were made by or on behalf of the balloon carrier. Your personal injury must always be compensated by the balloon carrier's insurer.
If your damage exceeds 131,000 SDR, the balloon carrier must prove on its own that it was not at fault in any way.
If that doesn't work, there's no limit to the maximum personal injury compensation the balloon carrier's insurer must pay you. So, you'll also be compensated for any personal injury damages exceeding €131,000 resulting from the hot air balloon accident.
No catches? Yes, it's your own fault
Are there no exceptions at all? Does that mean your damages don't need to be compensated at all?
Yes, there are exceptions. For example, if the balloon carrier's insurer can prove that your injury was your own fault.
But contributory negligence is not readily accepted in Dutch law. One example is the situation where very clear instructions have been given or numerous warnings have been issued, but a passenger fails to follow them due to reckless behavior or under the influence of drugs.
The fact that you "willingly and knowingly" took the risk of going on a hot air balloon ride and therefore consciously accepted the risk of injury? That's not considered contributory negligence in court.
In short: there are certainly catches, but they will almost never mean that your personal injury will not have to be compensated.
Had a hot air balloon accident and sustained injuries? You can't handle it alone. Always seek advice. We can tell you exactly what's going on and what's best for you. So don't take any risks.
If we think it's better for you to seek legal assistance, we'll tell you and explain why. You can then decide for yourself what to do with our advice. Our legal assistance will always be 100% free of charge . Our costs must be reimbursed by the liable insurer, separately from your own compensation claim.
Common Injuries After Hot Air Balloon Accident
The most common injuries after an air balloon accident are:
- Bone fractures
- Bruised or broken ribs or vertebrae
- Brain injury
- Head injury
- Concussion
- Neck injury
- Facial injury
- Broken pelvis
- Hip fracture
- Internal injury
- Hand and wrist injuries
- Shatterings.
Almost all of these injuries are serious. The medical and financial consequences can be long-lasting or even permanent. So what then?
Why specialized help after a hot air balloon accident
- your counterparty is always a professional insurer
- often "fuss" about liability
- often serious injuries and increasing personal injury damages
- Our help is always 100% FREE!
Personal injury compensation
Hot air balloon accident compensation: Have you suffered financial loss (personal injury) as a result of your injury? Then you are entitled to compensation.
Your personal injury compensation includes additional costs, compensation for assistance and care, and, in the event of disability, loss of income. You are always entitled to compensation for pain and suffering.
It's perfectly logical and normal that you want compensation for your injuries from the hot air balloon's insurer, especially if your injury is permanent and the financial consequences are significant.
If you have an accident with an air balloon, it's always wise to seek legal assistance immediately. Only then can you be sure that someone is looking out for your interests and that you receive the compensation you deserve. Our assistance is always 100% free of charge.
In any case, seek advice. We can tell you immediately what to look out for regarding your injury and compensation, and what the financial consequences could be if your injury is permanent. Our advice is entirely without obligation and does not commit you to anything.
What could your compensation consist of?
After a hot air balloon accident, your personal injury compensation may include:
Concrete additional costs, reimbursements for assistance and informal care
- damage to clothing and other personal property
- hospital admission costs
- costs of admission to a rehabilitation clinic
- transportation costs of relatives in connection with visits to hospital and rehabilitation clinic, etc.
- own transportation costs
- deductible health insurance
- medical expenses
- costs of non-(fully) reimbursed medical treatments
- costs of private multidisciplinary treatment
- personal contributions for medical treatments and medication
- cost of resources
- costs of adjustments
- nursing and care costs
- costs of domestic help and other family assistance
- compensation for relatives for informal care
- garden maintenance costs
- maintenance costs in and on the home and
- any other costs related to the balloon accident.
Loss of income
- employer only pays 70%
- you work through a temporary employment agency and are immediately subject to the Sickness Benefits Act with only 70% of your salary
- you have a zero-hours contract and are no longer called up and paid
- you have an on-call contract and are no longer called up (extra)
- have a temporary contract that is not extended
- you are fired during your probationary period
- you miss overtime, irregular hours allowance or extra scheduled working days
- you miss profit sharing, a bonus, a royalty or other gratifications
- you miss time-for-time build-up
- you miss a promotion to a higher position and/or salary scale
- you end up in the WIA or WW, with only 70% of your income
- you miss pension accrual
Study delay
- you have to repeat (part of) your academic year
- You enter the job market later and therefore only start earning a salary a year later.
Non-pecuniary damages
You are always entitled to pain and suffering (non-material damages) after a hot air balloon accident.
Pain and suffering compensation is compensation for loss of enjoyment of life, both past and future. It serves to financially compensate for all psychological consequences of your injury.
Legal costs
The law states that you are also entitled to reimbursement of your legal costs (read: our costs). Those costs must also be reimbursed by the liable insurer. Separate from your own compensation for damages.
This means you can hire an advocate . Someone who is there solely to help you and to protect your legal and financial interests.
This way, you avoid the risk of the liable insurer taking positions that are unfavorable to you without you even realizing it. Pretty safe, right?
It is better to contact a personal injury agency immediately
Hot air balloon accident and compensation: Precisely because your personal injury following a balloon accident often turns out to be serious and can have substantial financial consequences, legal assistance regarding personal injury is of importance to you very quickly.
All “items of damage” mentioned above (additional costs, lost income , and pain and suffering) must be determined individually throughout the entire personal injury claim process. Moreover, it is possible that your opposing party has a very different view on these items of damage than you do.
In the event of serious and perhaps even permanent injuries, you could quickly find yourself dependent on the compensation paid by the hot air balloon's insurer for a long time. In that case, you'll need your compensation even more.
We know from experience that determining personal injury damages is quite complicated and that the “average personal injury victim” cannot do it themselves.
Especially when it concerns more serious and permanent injuries. Furthermore, there's a chance that the other party – a professional insurer – simply views the liability and extent of your personal injury damages differently than you do.
Then it's even more crucial that you have a specialized personal injury law firm on your side. That's why we always recommend seeking legal assistance if you've sustained injuries after an airball accident . Only then can you be sure you'll receive what you're entitled to: fair, maximum compensation.
Our assistance is always 100% free of charge. This is legally stipulated in Article 6:96 of the DutchCivil Code. We are true specialists in the field of personal injury following a hot air balloon accident.
Had a hot air balloon accident? ALWAYS ask for advice
Have you suffered an injury in a hot air balloon accident? ALWAYS ask for advice! You can do so via the form on the website or by email.
If you prefer direct personal contact, you can also call us. Or send a WhatsApp message. Do whatever works best for you!
We'll provide you with honest and expert advice. It's completely free and without obligation. You can decide for yourself what to do with our advice. Will we then help you with your personal injury compensation claim? It's 100% free of charge. We promise!
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
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.
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