Emotional Damage Compensation in the Netherlands
Emotional Damage
Since January 1, 2019, it has been possible to claim emotional damage compensation for accidents in the Netherlands, handled under Dutch law. The compensation ranges between €12,500 and €20,000 and depends on the severity of the injury and the relationship with the victim. Below you will find the table:
1. The amounts for non-pecuniary damage, as referred to in article 107, first paragraph, under b, and article 108, third paragraph, of Book 6 of the Civil Code are:
| serious and permanent injury | death | serious and permanent injury due to a crime | death due to a crime | |
|---|---|---|---|---|
| spouses and registered partners (a) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| life partners (b) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| minor children and parents (c and d) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| adult children living at home and parents (c) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| foster children and parents (e and f) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| adult children not living at home and parents (c and d) | € 12.500 | € 15.000 | € 15.000 | € 17.500 |
| care in family context (e and f) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| other close personal relationships (g) | € 12.500 | € 15.000 | € 15.000 | € 17.500 |
📅 Last updated: 1-6-2026 · figures checked for 2026.
(Source: Dutch Decree on compensation for affective damage, arts. 6:107 and 6:108 of the Civil Code — wetten.overheid.nl. Fixed statutory amounts, valid in 2026; not indexed since 2019. A ~12.5% increase and an extension to siblings was under consultation in early 2026 — not yet in force.)
The Act amending the Civil Code, the Code of Criminal Procedure, and the Criminal Code to enable compensation for emotional damage and to promote its recovery, as well as the recovery of shifted damage by third parties in criminal proceedings (hereinafter: the Act) was adopted by the Senate on April 10, 2018, and will come into effect on January 1, 2019. This Act stipulates that (1) next of kin of victims with serious and permanent injury and (2) surviving relatives of deceased victims are entitled to compensation for emotional damage, provided that the injury or death of the victim is the result of an event for which another party is liable (Article 6:107(1)(b) and Article 6:108(3) of the Dutch Civil Code, hereinafter “BW”). Compensation for emotional damage is compensation for non-material damage to next of kin.
The Act includes those entitled to emotional damage compensation (artikel 6:107, tweede lid, en artikel 6:108, vierde lid, BW). These are the following next of kin:
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a.the spouse or registered partner of the injured party who was not separated from bed and board at the time of the event;
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b.the life partner of the injured party who was permanently living in a joint household with them at the time of the event;
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c.the person who was the parent of the injured party at the time of the event;
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d.the person who was the child of the injured party at the time of the event;
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e.the person who permanently provided care for the injured party in a family context at the time of the event;
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f.the person for whom the injured party permanently provided care in a family context at the time of the event;
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g.another person who has such a close personal relationship with the injured party that it follows from the requirements of reasonableness and fairness that they are entitled to compensation for emotional damage as a next of kin.
The costs for determining and recovering your emotional damage compensation are in most cases reimbursed by the liable party. The most common items are the need for household help, the need for help with chores in and around the house, pain and suffering compensation (smartengeld), and loss of earning capacity. You can engage a specialized personal injury lawyer for this. Since these are fixed amounts, this will involve minimal legal assistance.