Claiming non-material damage in the Netherlands

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Last updated: 23-08-2026

When you sustain an injury due to someone else’s actions in the Netherlands, you may be entitled to compensation for your pain, sorrow, and loss of enjoyment of life under Dutch law. This is known as non-material damage, commonly referred to as pain and suffering compensation (smartengeld). Claiming non-material damage for personal injury is a complex process. It is inherently difficult to express personal suffering in monetary terms. Our personal injury lawyers offer you expert advice and assistance. We ensure that you receive the pain and suffering compensation you are entitled to. Therefore, always make sure you are well-informed.

What exactly is non-material damage?

Non-material damage is damage that does not directly affect the victim’s assets, but relates to personal suffering. This involves the pain, sorrow, psychological complaints, and reduced enjoyment of life you experience as a result of an accident. Unlike material damage (such as medical expenses or lost income), non-material damage compensation cannot be proven with receipts.

The Netherlands awards pain and suffering compensation for this damage through a closed system: disadvantage other than pecuniary damage is only compensated in the cases explicitly mentioned by the law (art. 6:95 lid 1 BW of the Dutch Civil Code (BW)). These cases are listed in art. 6:106 lid 1 BW. For personal injury pain and suffering compensation, subsection b is particularly important: in the event of physical injury, the injured party is entitled to ‘compensation to be determined on a basis of fairness’. This article forms the legal basis for claiming pain and suffering compensation.

When are you entitled to pain and suffering compensation?

You can claim pain and suffering compensation when someone else is liable for your injury. This can be the case, for example, after a traffic accident, a workplace accident, or medical malpractice. Liability must be established before you can successfully exercise your right to compensation.

Two concurrent requirements apply to cash in your right to pain and suffering compensation. First, someone must be liable for the accident. This liability can arise from a tortious act (art. 6:162 BW), or from special rules such as art. 185 WVW 1994 for traffic accidents involving motor vehicles and art. 7:658 BW for workplace accidents. Second, your situation must fall under one of the cases exhaustively listed in art. 6:106 lid 1 BW:

• the liable person had the intention to inflict this disadvantage (subsection a);
• you have sustained physical injury, your honor or reputation has been damaged, or you have otherwise been affected in your person (subsection b);
• the disadvantage consists of tarnishing the memory of a deceased person towards their next of kin (subsection c).

In the case of injury after an accident, this second requirement is almost always met via subsection b (physical injury).

How much pain and suffering compensation will you receive? Calculating compensation

Exactly how much pain and suffering compensation you receive depends on your specific situation. Calculating this compensation is done ‘on a basis of fairness’. This involves looking at all the circumstances of the case to determine the correct amount. Important factors for the amount of pain and suffering compensation are:

• The nature and severity of the injury
• The duration and intensity of the medical treatments
• The permanent consequences and physical limitations (such as scars or permanent disability)
• The impact on your daily life, work, and hobbies
• Your age

In practice, legal professionals often use the ANWB Smartengeldgids. This guide contains numerous pain and suffering compensation examples from previous court rulings. To give you an indication of the amount of pain and suffering compensation, we roughly use the following categories and amounts:

• Minor injury (e.g., abrasions, light bruises): up to 2,000 euros
• Light injury (e.g., mild concussion, scars): 2,000 to 10,000 euros
• Moderate injury (e.g., complicated bone fractures, finger amputation): 10,000 to 25,000 euros
• Severe injury (e.g., permanent whiplash, coma): 25,000 to 50,000 euros
• Heavy to exceptionally heavy injury (e.g., paraplegia, severe burns): 50,000 to more than 250,000 euros

These examples serve as a frame of reference when determining your compensation. However, every accident is unique, which means the final amount may vary.

What does the judge say about non-material damage?

Case law plays a crucial role in the interpretation of the right to non-material damage compensation. Some important rulings:

Psychological complaints and attribution In ECLI:NL:HR:2022:590, the Hoge Raad (Dutch Supreme Court) ruled on the attribution of psychological complaints and mental injury after a deployment. The Hoge Raad determined that in the attribution based on reasonableness (art. 6:98 BW), the nature of the damage suffered weighs heavily. This means that psychological damage is more readily eligible for compensation.

Mental injury and objective determination In ECLI:NL:HR:2021:1534, the Hoge Raad clarified that for compensation of non-material damage due to impairment of the person, it is in principle required that mental injury has been objectively determined. An exception to this is possible if the nature and severity of the norm violation are so evident that this can also be assumed without a medical diagnosis.

Transfer of pain and suffering compensation to heirs In ECLI:NL:HR:2006:AU5684, the Hoge Raad ruled that the right to pain and suffering compensation only transfers to the heirs if the injured party has made the required notification before their death that they are claiming this compensation.

Why hire Nobel Advocatuur for your personal injury case?

At Nobel Advocatuur, we handle your case personally. Mr. Patrick Nobel, a specialized personal injury lawyer and member of the LSA, will take your case off your hands. We hold the opposing party liable, collect the necessary evidence, and negotiate with the insurer about the amount of your compensation.

Hiring our firm is free of charge for you. Under art. 6:96 lid 2 BW, the liable party is obliged to reimburse the reasonable costs for legal aid. Therefore, you run no financial risk.

Do the free Quickscan or contact us via the contact form.

Frequently asked questions about pain and suffering compensation and non-material damage

Can non-material damage transfer to surviving relatives?

Yes, but only under strict conditions. As the Hoge Raad determined in ECLI:NL:HR:2006:AU5684, the right to pain and suffering compensation only transfers to the heirs if the injured party explicitly stated before their death that they are claiming this compensation.

How long does it take before non-material damage is paid out?

This depends on the complexity of your case and the final medical situation. Only when it is clear what the permanent consequences of your injury are, can the final amount of the pain and suffering compensation be determined. In the meantime, we can arrange advance payments for you.

How much does it cost to hire a lawyer to claim non-material damage?

For you as a victim, the assistance of our firm is free of charge. The law stipulates that the liable party must reimburse the reasonable costs for legal aid (art. 6:96 lid 2 BW).

Is there a limitation period for claiming non-material damage?

Yes, under art. 3:310 BW, a legal claim for damages generally expires after five years from the moment you became aware of the damage and the liable person. We monitor this deadline for you.

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