Claiming Pain and Suffering Compensation: The Short Answer
If you wish to claim pain and suffering compensation (smartengeld) after an accident in the Netherlands, you are entitled to this compensation if you have sustained physical or psychological injury due to the fault of another party, under Dutch law. Article 6:106 of the Dutch Civil Code (BW) stipulates that you are entitled to damages, to be determined equitably, for non-pecuniary loss. Claiming this compensation is a complex legal process. Through Letselschadevordering.nl, you will be connected with a specialised personal injury lawyer who will hold the opposing party liable, assess your medical situation, and claim the maximum compensation for you. This legal assistance is generally completely free of charge for you as a victim.
What Does This Mean Concretely When Claiming Pain and Suffering Compensation?
The process of claiming pain and suffering compensation consists of several crucial steps. First, liability must be formally acknowledged by the opposing party or their insurer. Without an acknowledgement of liability, no damages can be paid out. The lawyer we select for you will draw up a watertight statement of liability.
Next follows the medical substantiation. Pain and suffering compensation is compensation for pain, grief, and loss of enjoyment of life. To determine its amount, a clear medical file is necessary. Your personal injury lawyer often engages an independent medical advisor. This expert assesses the severity of your injury, the duration of recovery, and any permanent limitations.
Subsequently, the amount of pain and suffering compensation is calculated. This is done based on guidelines and previous court rulings. The opposing party’s insurer will often try to keep this amount as low as possible. Your lawyer will conduct firm negotiations to ensure you receive the compensation you are entitled to. You do not have to discuss with the insurer yourself; you can fully focus on your medical recovery.
Pain and suffering compensation is financial compensation for non-pecuniary damages. This is damage that cannot be directly expressed in money, in other words, loss that does not consist of pecuniary damages. It is compensation for the pain, grief, fear, and reduced enjoyment of life you experience after an accident. Think of the pain of medical treatment, the grief because you can no longer practice your favourite sport, or the psychological complaints after a traumatic event. Pain and suffering compensation does not offer healing, but serves as an acknowledgement of the suffering inflicted upon you and as a form of reparation. In addition to pain and suffering compensation for the victim themselves, there are also bereavement damages (bereavement damages) for next of kin.
What Does the Law Say About Claiming Pain and Suffering Compensation?
The legal basis for claiming pain and suffering compensation is laid down in the Dutch Civil Code.
Art. 6:106 BW reads as follows:
“For loss that does not consist of pecuniary damages, the injured party is entitled to damages to be determined equitably:
a. if the liable person intended to cause such loss;
b. if the injured party has sustained physical injury, has been harmed in their honour or good name, or has been otherwise impaired in their personality;
c. if the loss consists of an impairment of the memory of a deceased person and has been inflicted on the spouse not separated from bed and board, the registered partner, or a relative by blood up to the second degree of the deceased, provided that the impairment occurred in a manner that would have entitled the deceased, had they still been alive, to damages for harm to their honour or good name.”
From the parliamentary history (dossier 28781), it appears that the legislator explicitly defined the compensation for non-pecuniary damages. The legislator states that the compensation has a dual function: compensation and reparation¹. A central requirement is the “other impairment of personality”. Not every annoyance falls under this; there must be serious physical injury or a psychiatrically recognised illness in the case of psychological injury². The determination is made “equitably”, which gives the judge broad discretion³.
Claiming Pain and Suffering Compensation: What Does the Court Say?
Case law plays a major role in the award and calculation of pain and suffering compensation. Below, we discuss important rulings by the Supreme Court (Hoge Raad).
Group Liability and Non-Pecuniary Damages
In ECLI:NL:HR:2025:1055 (the Mallorca case), the Supreme Court ruled on nightlife violence where a victim died. The Supreme Court considered group liability (art. 6:166 lid 1 BW) and the claim of the injured party (the parents) regarding non-pecuniary damages. The court confirmed that suspects can be jointly and severally liable for damages caused in a group context. For next of kin, this means they can recover their claim for non-pecuniary damages (such as bereavement damages) from each of the perpetrators.
Impairment of Personality in Cases of Violence
In ECLI:NL:HR:2025:30, the Supreme Court dealt with a case concerning attempted aggravated assault of police officers. The injured parties claimed non-pecuniary damages (art. 6:106 BW). The Supreme Court reiterated previous considerations regarding the “other impairment of personality”. The court ruled that in cases of very serious norm violations, an impairment of personality can also be assumed without the presence of a recognised psychiatric disorder. This lowers the threshold for victims of serious crimes to claim pain and suffering compensation.
Procedural Aspects in Liability Cases
Although not directly about the amount of pain and suffering compensation, ECLI:NL:HR:2026:45 is relevant for the course of proceedings. The Supreme Court ruled on the admissibility of an appeal in cassation against the rejection of a recusal request (art. 512 Sv). The court stated that, pursuant to art. 515 lid 5 Sv, no legal remedy is available against a decision on a recusal request. For victims in criminal or civil proceedings, this means that procedural delays due to recusal are strictly regulated, contributing to a more efficient handling of the damage claim.
Amounts When Claiming Pain and Suffering Compensation
How much pain and suffering compensation you can claim depends on the severity of the injury. In practice, the Rotterdam Scale 2025 and the ANWB Pain and Suffering Compensation Guide are used. These amounts are determined equitably and serve as an indication.
Physical Injury (Rotterdam Scale 2025):
| Type of Injury | Category | Range |
|---|---|---|
| Minor injury (bruise, abrasion) | recovery < 6 months | up to €2,675 |
| Bone fracture (simple) | minor | €2,675–€8,500 |
| Whiplash (WAD) | moderate | €2,675–€10,000 |
| Whiplash (WAD) | severe | €10,000–€25,000 |
| Neck injury | (very) severe | €45,000–€100,000 |
| Back injury | moderate to very severe | €8,500–€110,000 |
| Knee injury | — | €2,675–€66,000 |
| Ankle/foot injury | — | €2,675–€75,000 |
| Arm injury (no amputation) | — | €10,000–€89,000 |
| Hand/finger/thumb | — | €2,675–€58,000 |
| Amputation hand/foot-level | see leg/arm | €25,000–€94,000 |
| Severe brain injury | severe to very severe | €150,000–€275,000 |
| Brain injury | less severe/moderate | €2,675–€150,000 |
| Paraplegia (spinal cord injury) | — | €150,000–€195,000 |
| Tetraplegia (spinal cord injury) | — | €220,000–€275,000 |
| Burns | ≥40% body | more than €72,000 |
| Fatal injuries | top benchmark | up to €195,000 |
Psychological Injury / PTSD:
| Type | Category | Range |
|---|---|---|
| Psychological injury (general) | less severe → very severe | €2,675–€79,000 |
| PTSD | less severe | €2,675–€5,500 |
| PTSD | moderate | €5,500–€16,000 |
| PTSD | severe | €16,000–€41,000 |
| PTSD | very severe | €41,000–€69,000 |
Note: Shock damages are valued using the PTSD ranges.
Bereavement Damages (Statutory Fixed Amounts):
Next of kin can claim bereavement damages (bereavement damages) in cases of severe and permanent injury or death. These are fixed amounts, not ranges.
| Relationship to Victim | Severe & Permanent Injury | Death |
|---|---|---|
| Partner / spouse | €15,000 | €17,500 |
| Minor child | €15,000 | €17,500 |
| Parent of minor child | €15,000 | €17,500 |
| Adult child living at home | €15,000 | €17,500 |
| Other close personal relationship | €12,500 | €15,000 |
What Else Can You Claim Besides Pain and Suffering Compensation?
Many victims focus on claiming pain and suffering compensation and forget that there are many more heads of damage. A personal injury lawyer will identify all these items for you. The insurer will often not offer these items spontaneously.
| Head of Damage | What is it? | Why is it often forgotten? |
|---|---|---|
| Household help | Compensation if you cannot clean or cook | Insurer does not offer this spontaneously |
| Loss of self-sufficiency | Chores in and around the house you can no longer do | Victims do not know this exists |
| Study delay | Lost income due to graduating later | People only think of direct medical costs |
| Travel expenses | Trips to hospital, physiotherapist, lawyer | Seems a small amount, but adds up quickly |
| Loss of earning capacity | Loss of income if you cannot work (temporarily) | Complex calculation for the future |
Household help — standard amounts 2026
If your injury means you can no longer run the household, this is compensated under the Household Help Guideline of the Dutch Personal Injury Council (De Letselschade Raad). For the first 13 weeks, fixed weekly standard amounts apply (depending on your family composition and the degree of limitation, light/moderate or severe); after that, a net hourly rate of € 13.00 applies for the actual number of hours of help needed. Help from family or friends is also compensated.
| Family situation | Lightly/moderately limited | Severely limited |
|---|---|---|
| Single person | € 93 per week | € 185 per week |
| Two-person household | € 123 per week | € 245 per week |
| Family, child(ren) under 5 | € 231 per week | € 462 per week |
| Family, child(ren) 5 or older | € 200 per week | € 399 per week |
(Source: Household Help Guideline, De Letselschade Raad — valid from 1-1-2026. Weekly amounts for the first 13 weeks; thereafter € 13.00 per hour.)
Loss of self-sufficiency — standard amounts 2026
Chores in and around the house you can no longer do (maintenance, garden, painting) are compensated as loss of self-sufficiency. This is a fixed amount per year (not an hourly rate), depending on your housing situation and maintenance level:
| Housing situation | Full/much maintenance | Little maintenance |
|---|---|---|
| Owner-occupied home with garden | € 1,531 per year | € 766 per year |
| Owner-occupied home without garden | € 995 per year | € 383 per year |
| Rented home with garden | € 766 per year | € 383 per year |
| Rented home without garden | € 498 per year | € 192 per year |
(Source: Self-sufficiency Guideline, De Letselschade Raad — valid from 2025; indicative. A revised guideline was under consultation in early 2026.)
Study delay — standard amounts 2026
If you incur a study delay due to the accident, fixed net amounts apply per year of delay:
| Education level | Standard amount per year |
|---|---|
| Primary education | € 8,100 |
| VMBO / LBO | € 18,625 |
| HAVO / MBO / VWO | € 22,650 |
| HBO / WO | € 27,525 |
(Source: Study Delay Guideline, De Letselschade Raad — indexed as of 1-1-2026.)
Travel Expenses and Other Items:
Travel expenses are reimbursed at €0.33 per kilometre. Parking fees are reimbursed at actual cost. For postage costs, a fixed amount of €25 applies. For light injury, the Personal Injury Council indicates by recovery duration: up to € 1,100 (up to ~2 months), € 725–€ 2,175 (2–4 months) and € 1,450–€ 2,675 (4–6 months) (Source: Light Injury Guideline, De Letselschade Raad).
Why a Personal Injury Lawyer Makes the Difference in Your Claim
Claiming pain and suffering compensation independently is not advisable. Insurers employ experienced legal professionals who try to keep the compensation as low as possible. You are entitled to “equality of arms”: an equal legal battle. Through Letselschadevordering.nl, you will be put in contact with a specialised personal injury lawyer.
The lawyer we select for you will handle the entire process. They calculate your damages, gather medical evidence, and conduct discussions with the insurer. Moreover, this assistance is in principle free of charge for you. The law (art. 6:96 lid 2 BW) stipulates that the reasonable costs for legal assistance must be reimbursed by the liable party. You therefore run no financial risk, while your chance of fair compensation significantly increases.
Frequently Asked Questions About Claiming Pain and Suffering Compensation
How long does it take to claim pain and suffering compensation?
This depends on your medical recovery. Only when there is a medical end situation (you are fully recovered or no further improvement is possible) can the final amount be determined. However, your lawyer can arrange advances for you in the meantime.
Can I claim pain and suffering compensation for minor injuries?
Yes, even for minor injuries such as a bruise or abrasion, you can claim pain and suffering compensation. The compensation is then typically below €2,675, depending on the recovery period and the impact on your daily life.
Do I pay tax on the pain and suffering compensation received?
No, you do not pay income tax on the net pain and suffering compensation in box 1. However, if you leave the amount in your savings account, it may eventually count towards the capital gains tax in box 3.
What if the perpetrator is unknown, can I still claim pain and suffering compensation?
In traffic accidents with an unknown or uninsured perpetrator, you can often turn to the Motor Traffic Guarantee Fund (Waarborgfonds Motorverkeer). In cases of violent crimes, you can submit an application to the Criminal Injuries Compensation Fund (Schadefonds Geweldsmisdrijven). Your personal injury lawyer will assist you with this.
Is my partner also entitled to compensation?
Yes, in cases of very severe and permanent injury or death, next of kin are entitled to bereavement damages. This is a fixed statutory amount, for example, €15,000 for a partner in case of severe injury. In addition, your partner may receive compensation for household tasks taken over.
| Source | Type | Date | Link |
|---|---|---|---|
| ECLI:NL:HR:2025:1055 | Case Law (Authority) | 2025-06-30 | Ruling |
| ECLI:NL:HR:2025:30 | Case Law (Authority) | 2025-01-06 | Ruling |
| ECLI:NL:HR:2026:45 | Case Law (Authority) | 2026-01-12 | Ruling |
| art. 512 SV | Legislation | — | art. 512 SV |
| art. 6:106 BW | Legislation | — | art. 6:106 BW |
| Source | Type | Date | Link |
|---|---|---|---|
| ECLI:NL:HR:2025:1055 | Case law (court) | 2025-06-30 | Ruling |
| ECLI:NL:HR:2025:30 | Case law (court) | 2025-01-06 | Ruling |
| ECLI:NL:HR:2026:45 | Case law (court) | 2026-01-12 | Ruling |
| art. 512 SV | Legislation | — | art. 512 SV |
| art. 6:106 BW | Legislation | — | art. 6:106 BW |
📅 Last updated: 1-6-2026 · figures checked for 2026.