Personal Injury, Fatal Injury, and Affection Damages
Personal injury can be seen as a collective term for harm to individuals. The most well-known form of personal injury is physical injury. Physical injury is personal injury resulting from an injury. More information about physical injury can be found on our website. If you need help recovering your personal injury damages in the Netherlands under Dutch law, please contact us.
Fatal injury is the form of personal injury that results from the death of a family member or partner. The damages consist of funeral costs and the loss of care. This can be financial care or actual care. When a father passes away, the children are directly affected by the loss of a caregiver. The costs incurred to compensate for this form of personal injury will need to be estimated. In addition, the children and partner will be directly impacted financially because a substantial part of the family’s income is lost. The personal injury resulting from the loss of income will also need to be estimated.
Affection damages are a form of personal injury that aims to compensate for the immaterial suffering caused by the loss or severe and permanent injury of a family member or partner. Close relatives of a deceased person and those in a very close relationship with that person are eligible. Affection damages have been possible since January 1, 2019, for relatives of persons who sustained serious injuries or died from that date onwards.
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 Dutch Civil Code (Burgerlijk Wetboek), 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 |
| family care (e and f) | € 15.000 | € 17.500 | € 17.500 | € 20.000 |
| other close personal relationships (g) | € 12.500 | € 15.000 | € 15.000 | € 17.500 |
Hospital and rehabilitation daily allowance. For every day spent in hospital a fixed allowance of € 38 per day applies; for a stay in a rehabilitation facility € 19 per day. If your actual costs are higher, you can claim them with proof. (Source: Guideline Hospital and Rehabilitation Daily Allowance, De Letselschade Raad — valid 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 extension to siblings was under consultation in early 2026 — not yet in force.)
The costs for determining and recovering your personal injury damages 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.
Contact us for more information.
📅 Last updated: 1-6-2026 · figures checked for 2026.