Calculating Pain and Suffering Compensation
Calculating Pain and Suffering Compensation. How do I do that?
The amount of pain and suffering compensation (smartengeld) depends entirely on the following three factors:
Smartengeld is compensation for your non-material damage — pain, grief and loss of quality of life — in the event of physical injury or harm to your person (art. 6:106 Dutch Civil Code). Below you calculate an indication; under the calculator you read when you are entitled to it and how the amount is determined.
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Step 1 of 2How the law defines smartengeld (pain & suffering)
Smartengeld is compensation for non-material damage: loss other than financial loss, such as pain, grief, anxiety and loss of quality of life (art. 6:95 Dutch Civil Code). You are only entitled to it in the cases the law specifies — art. 6:106(1) DCC:
- a. the liable party intended to cause you non-material harm;
- b. you sustained physical injury, were harmed in your honour or reputation, or were otherwise affected in your person — including mental injury that can be established by objective (medical) standards;
- c. it concerns harm to the memory of a deceased person (towards certain relatives).
The court sets the amount on an equitable basis (art. 6:97 DCC), guided by comparable cases (Rotterdam Scale · ANWB guide) and the nature, severity and duration of the injury. There are no fixed tariffs; this calculator therefore gives an indication. For close relatives in the event of serious permanent injury or death, affective damages also apply (a fixed statutory amount).
Source: art. 6:95, 6:106 and 6:97 Dutch Civil Code.
- the severity of the injury
- the duration of the injury
- the consequences of the injury for daily life
If there is a fracture with a recovery time of 6 weeks, the pain and suffering compensation will be moderate. Are there permanent limitations? For example, can work or a hobby no longer be performed as a result? Then the compensation is higher.
Pain and suffering compensation can also be compensation for psychological suffering. These complaints can also be permanent in certain cases. It is an estimate based on various factors.
Having Pain and Suffering Compensation Calculated by a Lawyer
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The pain and suffering compensation is determined based on the medical information available from a victim. It is therefore important to report your complaints to your general practitioner and, if necessary, be referred to a specialist. Your complaints can then be assessed by a medical advisor to be engaged by you. The medical advisor judges the connection between the accident and your complaints. The costs of your medical advisor and your lawyer are reimbursed by the insurer of the liable party.
Are you suffering as a result of an accident and possibly entitled to damages? Fill in the form below and you will be contacted immediately. You will then know directly what the possibilities are.
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