Study delay due to accident and personal injury
Read all about study delays due to accidents and personal injury here. If you experience a study delay due to an accident, the injuries usually have long-lasting consequences.
Not only will you face additional tuition costs, but you'll also enter the job market later. This effectively means you'll suffer "double the damage.".
Personal injury damages that can ultimately be substantial, and for that reason, the other party can often be difficult to resolve. The personal injury damages for a year's delay in studies can amount to approximately €22,000.
If your studies are delayed due to an accident, you simply cannot do without specialized legal assistance from a qualified personal injury firm. Always ask us for advice . It 's free and without obligation .
Study delay due to accident and personal injury
- What is study delay due to an accident?
- Study delay due to an accident: later on the job market
- Amounts of study delay after accident and personal injury
- When can you claim compensation for study delays due to an accident?
- How do you prove study delay due to injury?
- In case of study delay, specialized legal assistance is required
- Study delay due to accident: additional study costs
- Always more personal injury than just study delays
- Need help and advice on recovering your study delay?
What is study delay due to an accident?
If you sustain an injury in an accident , it can have significant consequences. This is primarily medical. But if your recovery takes longer or if your injury doesn't heal sufficiently, it can also affect your education or training.
Will it take you longer to recover from your injury, or will you ultimately be left with permanent injuries from the accident? This could studies , as it will take you longer to complete your studies than you would have without the accident.
As a student, you are currently given very little time by the government to complete your studies. As a result, study delays following an accident very quickly have financial consequences.
You'll then not only face additional tuition costs, but you'll also likely have to wait six months or a year to finish your studies. As a result, you'll enter the job market later and start generating income later.
You can recover both the additional costs of your study delay and the salary you miss because you enter the job market later from the liable party .
Study delays can quickly reach substantial sums. A year's delay can cost up to around €22,000.
A liable party will almost never automatically assume that you have suffered a delay in your studies. This is especially true for injuries that are more difficult to diagnose from a purely medical perspective, such as whiplash, neck pain , and some back problems.
That's why we always recommend contacting a personal injury firm specializing . Only then can you be sure you'll receive what you're entitled to.
In any case, ask us for adviceso we can explain the situation regarding study delays and personal injury. Our advice is always free and without obligation. Afterward, you can decide for yourself what to do with it.
Study delay due to an accident: later on the job market!
Study delays after an accident occur because you enter the job market later. Because of the accident, you start working later than your fellow students and therefore receive your first salary later.
A liable party, almost always a professional insurer, will look at your "study situation" before the accident and your situation after the accident.
Your counterparty, the liable insurer, will almost always and almost routinely argue that you might have suffered a delay in your studies even without the accident. And then you're responsible for proving that your delay was caused by the accident.
If you don't have the right legal assistance, things can go wrong. Because you can't know whether your opponent is right or wrong with this argument.
What matters legally is whether you are affected by the consequences of an accident:
- will enter the labor market later
- because you had to interrupt your education
- as a result of an accident for which the other party is liable.
If all this is the case, you are in principle entitled to compensation for study delays.
It's in your best interest to immediately seek expert help from a personal injury firm specializing in study delays. Only then can you be sure that your study delay will be successfully recovered from the other party.
Amounts of study delay after accident and personal injury
The amounts to be compensated for study delays due to an accident can be found in the Study Delay Guidelines of the Personal Injury Council.
If a study delay occurs in primary school, a one-year delay amounts to €6,475. For pre-vocational secondary education (VMBO/LBO), this is €14,900, for secondary education and intermediate vocational education (MBO), €18,150, and for higher professional education (HBO) and university education, €22,025 (2021 figures).
The Study Delay Guidelines for Accidents and Personal Injury are also consistently applied in Dutch case law. Deviations from them are rare, and only when a specific situation warrants them.
In that case, it must be plausible (proven) that the financial damage exceeds the amounts specified in the Directive. Providing this evidence is often very difficult, which is why it rarely occurs.
When can you claim compensation for study delays due to an accident?
Study delay due to an accident can occur, for example, if:
- you are unable to study during the healing process or rehabilitation
- your injury has medical consequences (for example concentration problems, forgetfulness, inability to cope with crowds, persistent headaches or neck pain, etc.) and you are therefore unable to study (anymore)
- you can no longer do an internship due to the healing process or your injury
- you cannot complete certain practical assignments
- you are unable to complete your final thesis on time.
Personal injury due to study delay following an accident must be compensated by the liable insurer.
The point here, however, is that you, as the “claimant”, must prove this and your opponent may have a financial interest if you fail to do so.
For this reason too, it is very important that you seek the right legal assistance in time and always seek legal advice!
Contact us and tell us what happened. We can almost always tell you right away what happened, what evidence we can expect from you, and what the best course of action is.
Our advice is free. Afterward, you can decide for yourself what to do with it. Because no obligation means no obligation!
How do you prove study delay due to injury?
Evidence of study delay due to an accident must be provided by demonstrating that you were not absent from your studies before the accident and that you were achieving good academic results.
Or that any previous dip in your academic performance or previous absence was only temporary and had a valid reason. If your study delay can be proven, your counterparty will have to compensate you for it.
Sometimes, missing a few weeks of internship or a few exams can lead to a six-month delay in your studies. This can happen, for example, because you don't meet the requirements for progressing to the next academic year or further education.
Even for delays in primary school, these are substantial sums, ranging from approximately €6,500 to around €22,000 (per year of delay). This does not include the additional costs you have to pay to your educational institution for repeating (part of) your academic year.
Because the amounts involved are often large, the liable insurer will almost always be very critical of the existence of any study delays. This means your performance and academic results in the "non-accident" situation. And they will quickly impose high (and sometimes unreasonable) demands on this.
However, it is of course difficult to demonstrate what the course of your studies would have looked like “without the accident”. Therefore, according to legislation and case law, “no overly strict requirements” may be placed on the evidence.
You actually “only” need to make it plausible that, without the accident, you would have completed your studies successfully and on time. This can in itself be “reasonably easily” substantiated with transcripts and statements from your academic advisor or dean.
But these kinds of statements are also quickly distrusted by liable insurers and are therefore even disregarded as evidence. This is not in accordance with Dutch law.
In case of study delay, do you need specialized legal assistance?
If you are unable to complete your studies (on time) after an accident, you are entitled to compensation for study delays.
Claiming compensation for study delay following an accident and personal injury is quite complicated in itself. Although a clear Guideline on Study Delay exists regarding this, “legal hassle” with the liable insurer still occurs very frequently.
The liable insurer will sometimes view your study delay and your pre-accident academic performance very differently than you do. So what then?
Despite the relatively clear principles of the official Study Delay Guidelines, you often find yourself in a maze of legal rules and perhaps also in discussions regarding the severity and extent of your injury. This is especially true if your injury is less easy to determine from a medical perspective, such as in the case of whiplash and back complaints.
Because you can't know whether the liable insurer is right or wrong, you also don't know whether your damages will be fairly compensated. And that, of course, can never be the intention.
That is why it is always in your interest to seek specialized legal assistance in the event of a study delay due to an accident or personal injury
Specialists who work day in and day out on personal injury claims and study delays after accidents and know exactly which legal avenues to pursue. Only then can you be sure you'll get what you're entitled to, and not a cent less!
In any case, ask us for advice. We are highly specialized in personal injury claims due to study delays.
Our advice is always free and without obligation. We can often tell you what to expect and what the best course of action is based solely on your own experience.
If you subsequently ask us to help you with your personal injury claim, it will be completely free of charge. Our costs must also be reimbursed by the other party, separately from your own compensation. This is stipulated in the law (Article 6:96 of).
Study delay due to accident: additional study costs
In addition to compensation for study delays in accordance with the Personal Injury Council Guidelines (i.e., for entering the job market later), your additional study costs are also eligible for reimbursement.
You can think of:
1. Additional costs for new textbooks and other study materials;
2. Additional travel expenses to and from school;
3. Additional tuition fees because you are studying longer;
4. Additional costs because you have to borrow money for longer to finance your studies.
Always more personal injury than just study delays
If you have incurred a delay in your studies due to an accident, you are also entitled to compensation for your “other personal injury”.
Study delays are only one part of your total personal injury damages.
Compensation for
Pain and Suffering: In addition to your personal injury due to study delays, you are also entitled to compensation for pain and suffering after an accident. For example, if you can no longer complete your dream education. You have to adjust all your future plans, which is naturally a great disappointment. You can receive compensation for this disappointment and the shattered expectations in the form of compensation for pain and suffering.
The amount of compensation depends on your personal situation in combination with the psychological consequences of the accident that happened to you.
Other additional costs
In addition to these reimbursements, you can also other costs from the liable party.
All costs that you would not have had to incur without the accident are part of your personal injury damages.
This may include: medical costs, transportation to doctors/therapists, costs of assistance and care, etc.
Part-time job income:
Do you have a part-time job alongside your studies and are you not being paid? Then you can this damage from the opposing party.
But be careful: you have to prove it!
For all damages, you must first prove them. And that can be difficult not only for study delays, but also for your other personal injury claims.
Always seek legal assistance in personal injury cases.
Because “providing evidence” is always associated with various legal regulations, it is always wise to immediately seek the help of a specialized personal injury firm in cases of personal injury. An expert personal injury specialist can work with you to ensure that you receive what you are entitled to!
Need help and advice on recovering your study delay?
Have you sustained an injury as a student resulting in a delay in your studies? Then immediately engage an expert and specialized personal injury firm. Van der Toorn Personenschade is the ultimate specialist in the field of personal injury caused by study delays.
Our assistance is free of charge in all cases and we guarantee this in writing before we start working together.
Van der Toorn Personal Injury has extensive experience in recovering damages for personal injury resulting from study delays. As a student, it's especially wise and important to seek expert help quickly.
The financial consequences of an accident can be enormous for your future. Are you still unsure whether it's necessary to hire a personal injury firm?
Please feel free to contact us for an initial consultation. It's free, and you can then decide for yourself what to do with our advice. Sounds safe, right?
You can reach us by email or WhatsApp (06-13396296 or 06-52331207). You can also call us on these numbers. Would you rather fill out the form on the website? Whatever works best for you.
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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