AM publishes in article: “Amounts of non-pecuniary damages are increasing”
Compensation for pain and suffering for victims increases ...
The maximum compensation for non-pecuniary damages is increasing. This is the first time in 23 years that compensation for non-pecuniary damages has been increased. This was revealed in the latest ANWB Non-pecuniary Damages Book 2016.
Amount of non-pecuniary damages (damages)
The ANWB, publisher of the Smartengeldgids (Smartengeld Guide), agrees with all legal aid providers to personal injury victims that they should receive compensation that is commensurate with the suffering they have suffered.
For many years, editorial articles in the ANWB Non-pecuniary Damages Guide and the ANWB Verkeersrecht trade journal have advocated for higher compensation in the Netherlands.
It is encouraging that several judges are now aware of the discussion about the amount of non-pecuniary damages in the Netherlands.
Besides civil courts, criminal courts are also increasingly awarding damages and higher amounts of non-pecuniary damages. "Judges seem to have woken up," says Siewert Lindenbergh, editor-in-chief of Traffic Law. "In the Netherlands, too, non-pecuniary damages are finally being increased. The first steps have now been taken, and we are monitoring how this trend continues."
Non-pecuniary damages (damages)
Non-pecuniary damages (e.g., suffering, loss of enjoyment of life, grief) are monetary compensation for the non-pecuniary damage suffered (e.g., suffering, loss of enjoyment of life, sorrow) that someone experiences (and are therefore a form of non-pecuniary damages). Under Dutch law, non-pecuniary damages can be claimed under Article 6:106 of the Dutch Civil Code, for example, as a result of physical or mental injury, for example, an accident.
What determines the amount of your non-pecuniary damages?
Every four years, the ANWB publishes a new Non-pecuniary Damages Guide. This guide contains court rulings. The Non-pecuniary Damages Guide provides insight into the extent of the injury, the amount of non-pecuniary damages claimed in the proceedings, and the non-pecuniary damages awarded by various judges. The book is used by all personal injury experts and personal injury lawyers.
The amount of non-pecuniary damages is determined by a number of factors, such as:
• your age (for example, the difference between an 80-year-old versus a young child).
• the duration of your (possible) hospital stay (for example, a day or a week).
• intensity of your treatments and pain endured (for example, bruises or a broken leg).
• the duration of your treatments (for example, a day admission versus a long rehabilitation process).
• remaining limitations for the future (for example, a bruise versus an amputation).
• the degree to which you have become incapacitated for work.
• the inability to pursue your hobbies anymore.
When determining the amount of your non-pecuniary damages, a number of other factors are taken into account, such as:
• the nature of the liability (what exactly happened).
• the nature and severity of the injury.
• the nature, extent, and duration of the suffering.
• the degree of disability.
• the degree of consciousness.
• any predisposition (i.e., what was your medical situation before the accident occurred).
Need help with personal injury?
Have you suffered an injury due to someone else's negligence? You are entitled not only to compensation for pain and suffering but also to compensation for your other damages (including additional costs, lost income, and compensation for informal care provided by others).
It's almost always wise to seek assistance from a personal injury specialist. Especially since the assistance and support of a personal injury specialist is almost always free of charge, according to the law.
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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