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The amount of personal injury compensation under Dutch law in the Netherlands depends on your personal situation. It includes all financial and non-material damage you suffer due to a liable party. There is no fixed price list per injury. The compensation is calculated by comparing your situation before the accident with your situation after the accident.
Are you entitled to compensation? Under art. 6:95 BW of the Dutch Civil Code (BW), personal injury compensation consists of property damage (material damage) and other disadvantage (non-material damage or pain and suffering compensation (smartengeld)).
Do you want to know exactly where you stand right away? Take the free Quickscan or contact us via our contact form. Within 5 minutes, you will know if you have a case and receive an indication of your personal injury compensation. Our help is free of charge for you. The liable opposing party pays our costs (art. 6:96 BW). Your case will be handled personally by Mr. Patrick Nobel. Do not wait too long, as evidence can fade.
Calculating personal injury compensation: how is the personal injury amount determined?
The law prescribes that the judge assesses the damage in the manner most consistent with its nature (art. 6:97 BW). If the extent cannot be determined accurately, it is estimated. This means that the personal injury amount is always custom work. Certain factors, such as the duration of the injury and the recovery time, play a major role in this.
Our personal injury lawyers map out your full damages. We look at your loss of income, medical costs, and the impact on your daily life. We hold the opposing party liable and negotiate with the insurer to achieve maximum compensation for you. Future damage, which has not yet occurred, can also be included in the assessment (art. 6:105 BW).
Material damage items: Which costs count?
Property damage includes both loss suffered and lost profit (art. 6:96 BW). These are the concrete costs and lost income that can be expressed in money.
| Damage item | What is it? | Why often forgotten? |
|---|---|---|
| Loss of earning capacity | Loss of income because you are (temporarily) unable to work or can work less. | Victims often forget missed bonuses, overtime, or pension accrual. |
| Medical costs | Costs that your health insurance does not cover, such as the deductible or specific treatments. | People think that health insurance covers everything. |
| Domestic help | Compensation if you can no longer perform household tasks yourself. | The insurer does not offer this spontaneously. |
| Travel expenses | Trips to the hospital, physical therapist, or our lawyers. | Small amounts that add up unnoticed. |
| Loss of self-sufficiency | Chores in and around the house (such as painting or gardening) that you can no longer do. | Victims often do not know that this is a recognized damage item. |
| Study delay | Missed income because you graduate and enter the labor market later. | The long-term impact is underestimated. |
Our firm ensures that no damage item is overlooked. We calculate your damages accurately and claim them from the liable party.
Non-material damage (pain and suffering compensation): Personal injury amount categories and examples
In addition to material damage, you are entitled to compensation for “other disadvantage” if you have sustained physical injury or psychological damage (art. 6:106 BW). This is called pain and suffering compensation. It is a compensation for pain, sorrow, and loss of enjoyment of life. The law stipulates that this compensation must be determined “fairly”.
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The amount of the pain and suffering compensation depends on the severity of the injury, the recovery time, the age of the victim, and the impact on daily life. In practice, the ANWB Smartengeldgids is often consulted. This contains a collection of examples from previous court rulings.
To give you a concrete idea of the possible personal injury amounts, we use the indicative table below per injury category:
| Injury category | Indicative pain and suffering compensation | Examples of injury and impact |
|---|---|---|
| Minor and mild injury | Up to € 2,000 | Abrasions, minor bruises, or a mild concussion. Full recovery usually follows quickly. |
| Moderate injury | € 2,000 – € 15,000 | Complicated bone fractures or whiplash complaints with a longer injury duration. |
| Severe injury (injury severe) | € 15,000 – € 35,000 | Severe fractures, internal injuries, or severe psychological complaints. |
| Serious injury (injury serious) | € 35,000 – € 75,000 | Prolonged coma, loss of limbs, or serious brain injury. |
| Exceptionally serious injury | € 75,000 – € 250,000+ | Complete paraplegia or situations where you can no longer function independently. In these cases, the amounts are the highest. |
What did the legislator intend?
The legislator commissioned specific research into the position of the victim in the claims process. This was necessary to better align the compensations with practice. In a 2007 letter from the Minister of Justice, the importance of this is emphasized:
“The central question in the research concerns the expectations and needs that victims and relatives have of liability law, what they want to achieve with the claims process, and what considerations they make in that context.”
Source: Parliamentary Papers II 2006-2007, 28781, no. 13-h1, p. 1
Standard amounts 2026: fixed personal injury amounts per damage item
For a number of damage items, fixed, annually indexed standard amounts apply from the Richtlijnen van De Letselschade Raad. Insurers and advocates use these amounts as a starting point in the settlement of damages:
| Damage item | Standard amount 2026 | Explanation |
|---|---|---|
| Mileage allowance | € 0.33 per km | Travel expenses to doctor, therapist, or lawyer |
| Hospital daily allowance | € 38.00 per day | Flat-rate compensation per admission day |
| Rehabilitation daily allowance | € 19.00 per day | Per day in a rehabilitation facility |
| Domestic help | € 93 – € 462 per week | First 13 weeks, depending on family situation and degree of limitation; thereafter € 13.00 per hour |
| Loss of self-sufficiency | € 192 – € 1,531 per year | Depending on housing type (owned/rented, with/without garden) |
| Study delay | € 8,100 – € 27,525 per year | Per year of delay, according to education level |
| Bereavement damages | € 12,500 – € 20,000 | Statutory fixed flat rate for relatives and surviving relatives |
There is no fixed table for pain and suffering compensation. The judge determines the amount fairly based on comparable rulings. Do you want an initial indication for your situation? Then use our pain and suffering compensation calculator or take the free Quickscan.
What does the judge say about personal injury compensation?
Case law provides important frameworks for the assessment of personal injury and the awarding of specific damage items.
Freedom of the judge in damage assessment In ECLI:NL:HR:2022:272 (Hoge Raad (Dutch Supreme Court), 18-02-2022), the Hoge Raad ruled on the rejection of various damage items. This included lost income and costs for domestic help in the event of an eye injury. The Hoge Raad confirmed that the judge has a large degree of freedom in assessing the damage under art. 6:97 BW. The judge may estimate this if the extent cannot be determined accurately. For victims, this means that damage that is difficult to prove can still be compensated.
Cost compensation for domestic help in the event of death In ECLI:NL:HR:2009:BH6533 (Hoge Raad, 12-06-2009), the Hoge Raad dealt with the cost compensation for domestic help as a damage item in the event of death (art. 6:108 BW). The Hoge Raad ruled that the awarding of this compensation depends on the neediness of the surviving relative. When calculating this damage item, specific attention must be paid to the financial need of the survivor.
Compensation of lawyer costs In ECLI:NL:HR:2013:BY5333 (Hoge Raad, 05-04-2013), the Hoge Raad confirmed that reasonable costs for determining damage and liability qualify for compensation as property damage under art. 6:96 paragraph 2 BW. These extrajudicial costs must, however, pass the double reasonableness test. Engaging expert assistance must be reasonable, and the extent of the costs must be reasonable. In the event of acknowledged liability, this means in practice that the opposing party bears the costs of our legal aid. So you pay nothing. In the case of partial own fault, the compensation may be proportionately lower.
Why engage a personal injury lawyer from Nobel Advocatuur?
Calculating the amount of personal injury compensation is complex. Insurers often try to keep the compensation as low as possible. A specialized personal injury lawyer from our firm is on your side. We work according to the guidelines of the Nationaal Keurmerk Letselschade (National Personal Injury Quality Mark), which is your guarantee of quality and transparency.
We handle your case personally, map out all damage items, and ensure maximum compensation. In addition, we arrange advances during your recovery, if possible. This way, you will not run into financial problems. You run no financial risk, because our costs are recovered from the liable party.
Frequently Asked Questions (FAQ)
How long does it take before the amount of the personal injury compensation is finalized?
This depends on your recovery and the duration of the injury. Only when there is a final medical situation (you have fully recovered or there is permanent injury that will no longer improve) can the final amount of the compensation be determined.
Can I get an advance on my personal injury compensation?
Yes, if liability has been acknowledged, we can claim advances for you from the insurer of the opposing party. This helps you to cover ongoing costs, such as medical bills or loss of income, during your recovery.
Do I have to pay tax on my personal injury compensation?
In principle, you do not pay income tax in box 1 on the compensation for material damage (such as medical costs) and pain and suffering compensation. However, the amount can affect your assets in box 3. Compensation for loss of earning capacity may be taxed under certain circumstances. We will gladly advise you on this.
What if the opposing party is unknown or uninsured?
If you are a victim of a traffic accident and the perpetrator is unknown or uninsured, you may be able to submit a claim to the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund). We can handle this process for you.
How much does the help of a personal injury lawyer cost?
For you as a victim, our help is free of charge. Under the law (art. 6:96 BW), the liable party must reimburse the reasonable costs for legal assistance. We recover our costs directly from the insurer.
Sources
| Source | Type | Date | Explanation |
|---|---|---|---|
| art. 6:95 BW | Legislation | Current | Stipulates that compensation consists of property damage and other disadvantage. |
| art. 6:96 BW | Legislation | Current | Defines property damage and regulates the compensation of costs for determining damage. |
| art. 6:97 BW | Legislation | Current | Stipulates that the judge assesses the damage in the manner most consistent with its nature. |
| art. 6:105 BW | Legislation | Current | Regulates the assessment of damage that has not yet occurred. |
| art. 6:106 BW | Legislation | Current | Regulates the right to a fairly determined compensation for disadvantage that does not consist of property damage (pain and suffering compensation). |
| ECLI:NL:HR:2022:272 | Case law | 18-02-2022 | Hoge Raad rules on the task of the judge in assessing the damage (art. 6:97 BW). |
| ECLI:NL:HR:2009:BH6533 | Case law | 12-06-2009 | Hoge Raad rules on the cost compensation for domestic help in the event of death. |
| ECLI:NL:HR:2013:BY5333 | Case law | 05-04-2013 | Hoge Raad confirms that reasonable costs for determining damage and liability qualify for compensation. |
| Parliamentary Papers 2014, 20042005, no. 28781 | Parliamentary history | 2014 | Intention of the legislator — Amendment of the Burgerlijk Wetboek and other laws in connection with the compensabili |
📅 Laatst bijgewerkt: 1-6-2026 · bedragen gecontroleerd voor 2026.