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Whiplash symptoms and compensation
Did you experience a swinging motion with your head or neck due to an accident? You may be experiencing symptoms of whiplash .
Whiplash symptoms occur when your head or neck makes a sudden movement. This causes the muscles and tendons in your neck to receive a sharp blow. This swing can damage the tendons, muscles, and even the nerves in your neck. In the worst cases, it can even damage the cervical vertebrae. Most whiplash symptoms are caused by a blow from behind. But it can also occur after a collision from the side or front, or after a fall, for example.
It's probably comforting to know that almost everyone is free of these whiplash symptoms within a few weeks. But sometimes recovery takes longer than just a few weeks. So what then?
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Whiplash symptoms
Statistics show that 80% of people with whiplash return to work within 0 to 3 months. This means that 1 in 5 people with whiplash (20%) need more than 3 months to return to work.
You may become (temporarily) unable to work. Whiplash symptoms often have significant consequences for your entire life, both at work and at home. Furthermore, there are almost always financial consequences.
Were your whiplash symptoms caused by someone else's fault? Then it's not surprising that you want compensation for your expenses and lost income. In fact, it's perfectly normal!
The financial aftermath of whiplash symptoms
Whiplash not only affects your health, but also your work, social life and family life.
The financial consequences of whiplash symptoms are not always immediately noticeable. It is also possible that you only truly experience the financial aftermath later on, as expenses accumulate quickly—sometimes unnoticed.
But what if you can no longer work and therefore lose income? And what if you're not (fully) insured for physiotherapy?
If you have suffered whiplash symptoms due to the fault of another person, it is very logical that you want to be compensated for your financial loss.
Trouble with compensation
When recovering damages, you'll be dealing with a professional counterparty, namely the insurer. And especially with whiplash symptoms, you can almost always expect some hassle from this insurer.
Unfortunately, it is the reality that the insurer has an interest in keeping your compensation as low as possible. This is because an insurer naturally struggles with whiplash injuries. Because it is difficult to establish whiplash 'objectively', they simply deny the existence of your injury. This is especially true if your recovery from whiplash is going to take a long time.
You therefore run the risk of not receiving fair compensation for your whiplash injury. To ensure fair compensation for whiplash symptoms, it's always important to engage a specialized personal injury advocate.
If your (current) advocate isn't sufficiently specialized, you might accept a settlement that's too low for you. Especially if you'll be dependent on this compensation for an extended period, you'll eventually find yourself in financial trouble.
Are you wondering if you're eligible for compensation? Or whether the settlement of your personal injury claim is going smoothly? Feel free to ask us for advice. It's free and doesn't obligate you to anything. If you tell us what's going on, we can almost always tell you immediately what the situation is and what the best course of action is.
we both agree that it's wise to expert legal assistance , we'll let you know right away. We'll also provide written confirmation that if we help you, you won't have to pay anything. Not now, and not later.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Liability for whiplash symptoms
Are you experiencing whiplash symptoms due to someone else's fault? Then you are almost always entitled to compensation.
If you were partly at fault for your accident, you may be eligible for partial compensation. If you are fully liable for the damage, you may be able to claim under your own passenger insurance (SVI insurance) or passenger insurance (SVO insurance).
You are always entitled to full compensation for your whiplash symptoms as a passenger or if you were sitting in the back.
After a workplace accident or if you have suffered whiplash symptoms caused by an animal, you are almost always entitled to full compensation for your damages.
Want to know if your personal injury is worthy of compensation? Feel free to ask for advice. It's 100% free and without obligation. You can then decide for yourself what to do with our advice .
The amount of your compensation for whiplash
Your compensation for whiplash symptoms depends on your personal situation. What costs do you incur? How long have your symptoms lasted? How long have you been unable to work?
What additional costs can you expect in the event of whiplash symptoms?
- additional costs for domestic help and informal care
- costs for medical treatments that are not reimbursed
- damage to your clothing and other property
- deductible health insurance
- physiotherapy
- costs of adjustments in your living environment
- aids such as crutches or a wheelchair
- maintenance costs of your home and/or garden
- other reasonable costs related to your accident
Loss of income
- you receive 70% of your salary due to disability
- you are not called up with a zero-hours contract
- no extension of your temporary contract
- dismissal during your probationary period
- missed promotions and career opportunities
- you do not receive any profit sharing or bonus
- you miss overtime or extra scheduled days
- you are self-employed and you cannot work
Study delay
- Due to the whiplash symptoms you were unable to complete your internship and/or exams
- This means you will enter the job market later
Non-pecuniary damages
In addition to compensation for your financial loss, you are always entitled to pain and suffering ( non-material damages for your injury) in the case of whiplash symptoms. This is completely separate from compensation for material damages due to incurred costs.
Non-pecuniary damages are compensation for the limitations and pain caused by whiplash. Obtaining fair compensation for this isn't easy, especially when you suffer from whiplash. Sometimes, non-pecuniary damages can help you feel a little heard by the other party.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Whiplash symptoms and the insurer
Are your financial losses limited? Then the liable insurer probably won't make a big deal about it. In that case, your whiplash-related injuries will be fairly fully compensated. But things are different if you experience whiplash symptoms for a longer period, let alone if they are permanent.
If your compensation increases faster than the insurer expects, or if your whiplash is permanent, they will sooner or later put a stop to it. By fully engaging in a discussion with you. Are the whiplash symptoms actually a result of the accident? Is there sufficient medical evidence?
These are positions that insurers often take when it comes to whiplash symptoms:
- your whiplash symptoms are not "objectifiable" (this means that, according to the insurer, they are not sufficiently clear from your medical file)
- your symptoms have arisen from other causes
- you already had similar complaints before the accident
- the speed of the car was too slow or there was “too little vehicle damage”
The above arguments are often unreasonable and likely frustrating for you as well. Moreover, they're simply legally wrong! That's why expert legal assistance from a specialized personal injury firm absolutely essential for whiplash symptoms.
Free legal assistance for whiplash
Fortunately, assistance from a personal injury firm is completely free of charge if there is a 'paying' party. This is because Dutch law (Article 6:96 BW) stipulates that this party must also reimburse your legal costs (read: our bill). Separately from your own compensation.
If we help you recover damages for whiplash, we'll immediately give you a written guarantee that our assistance will be free of charge. This means you'll never receive a bill from us. We think that's the right thing to do.
In any case, ask for advice if you experience symptoms of whiplash
Determining injury from whiplash requires highly specialized expertise. Few can provide this expertise.
Without expert legal assistance, you're left to your own devices, depending on how the other party views your financial losses. And that usually won't work out well for you. You risk not receiving the compensation you deserve.
So always ask us for advice. Our advice is free and without obligation! Ultimately, you decide what you do with our advice.
If, after our advice, it turns out you would benefit from our specialized legal assistance, we'll tell you that too, and we guarantee 100% that you won't pay us anything.
Don't hesitate to send us a WhatsApp message, an email, or call us directly. We'll give you clear, expert advice. We promise!
Curious about your chances?
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).
upfront written cost guarantee 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 due to the fault of another person injury (been injured)
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 as soon as possible contact
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 without obligation us
We'll give you right away advice clear. 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
After the collision, we started having neck pain; we could no longer work..
It happened when I was driving to work with a colleague. Just on the highway, not even in a traffic jam. It was, of course, busy during the morning rush hour. We were going about 70 km/h. Someone behind us wasn't paying attention and crashed right into us. We didn't see it coming at all.
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