If you have been the victim of an accident in the Netherlands, you often have the right to compensation for your pain and suffering. This is known as pain and suffering compensation (smartengeld). To determine the amount of this compensation under Dutch law, legal professionals and judges often use a so-called smartengeldgids (pain and suffering compensation guide). Through Letselschadevordering.nl, you can find a specialized lawyer who can flawlessly apply these guides to your specific situation. In this article, we will explain exactly how this works.
What is the pain and suffering compensation guide?
The smartengeldgids (pain and suffering compensation guide) is an overview of previous court rulings on immateriële schadevergoedingen (non-pecuniary damages). It is a practical tool to estimate how much pain and suffering compensation you are entitled to after an accident. The guide compiles judges’ rulings and categorizes them based on the type and severity of the injury.
In the Netherlands, the ANWB Smartengeldgids is the most well-known reference work. Additionally, the Rotterdam Scale has recently been widely used by judges. These scales provide bandwidths and reference points. It is important to realize that the guide is not a law book. It is a collection of jurisprudentie (case law).
Every personal injury case is unique. Your pain, your suffering, and the impact on your life are personal. Therefore, an amount from the guide is always an indication. The lawyer we select for you uses the pain and suffering compensation guide as a starting point. This specialist then argues why your specific situation might justify higher compensation.
The law states that you are entitled to compensation for disadvantage that cannot be expressed in money. The basis for this can be found in the Burgerlijk Wetboek (BW) (Civil Code). The legislator has not included the term ‘smartengeldgids’ in the law itself. The guide is purely an instrument from legal practice to apply the legal rules.
Art. 6:95 BW states the main rule for damages:
“The damages that must be compensated on the basis of a legal obligation to pay damages consist of pecuniary damages and other disadvantage, the latter insofar as the law grants a right to compensation for it.”
That ‘other disadvantage’ is your non-pecuniary damage, or pain and suffering compensation. The specific conditions for this are stated in art. 6:106 BW. This article stipulates:
“For disadvantage that does not consist of pecuniary damages, the injured party is entitled to compensation to be determined equitably: […] b. if the injured party has sustained physical injury, has been harmed in their honor or good name, or has been affected in their person in any other way.”
The law speaks of compensation that must be determined ‘equitably’. This means that the amount must be reasonable and just. Because ‘equity’ is a vague concept, judges and lawyers need the pain and suffering compensation guide to give practical substance to it.
How has the judge further interpreted the pain and suffering compensation guide?
Judges ultimately determine how legal rules are applied in practice. Their rulings form the content of the pain and suffering compensation guide. Over the years, the Hoge Raad (Supreme Court) has issued important judgments that determine how we should deal with personal injury and pain and suffering compensation.
An important point is proving your complaints. In the judgment ECLI:NL:HR:2023:1275, the Supreme Court considered whiplash complaints (Whiplash Associated Disorder). In the case of whiplash, the injury is often medically difficult to objectify. Nevertheless, the court ruled that the causal link between the accident and the complaints can be assumed if the complaints are real and did not exist before the accident. This is crucial for victims with neck complaints. It means that you can also claim pain and suffering compensation for injuries that are difficult to detect.
Furthermore, your own substantiation is of great importance. In ECLI:NL:HR:2023:1375, the Supreme Court emphasized the injured party’s duty to state facts. You must sufficiently concretize and substantiate your damages. You cannot simply demand an amount from the pain and suffering compensation guide without explaining why this applies to you. The lawyer linked to you via Letselschadevordering.nl ensures this ironclad substantiation.
Finally, the protection of employees is an important theme in case law. In ECLI:NL:HR:2012:BV1295, the Supreme Court ruled on an employer’s liability in a traffic accident involving an employee. The employer had not complied with their insurance obligation. The court ruled that the employee’s damages must be amply covered. This strengthens your position if you sustain an injury during working hours.
The pain and suffering compensation guide in practice
How much pain and suffering compensation you receive depends on the severity of your injury. Recently, in addition to the ANWB Smartengeldgids, the Rotterdam Scale has also been widely used by judges. This scale offers clear, indexed bandwidths.
Below you will find the current indications for physical injury according to the Rotterdam Scale. Please note: these are indications, not guarantees. The final amount will be determined equitably.
| Type of Injury | Category | Bandwidth |
|---|---|---|
| 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 |
| Spinal cord injury paraplegia | — | €150,000–€195,000 |
| Spinal cord injury tetraplegia | — | €220,000–€275,000 |
| Burns | ≥40% body | more than €72,000 |
| Fatal injuries | top reference point | up to €195,000 |
The scale also provides clear guidelines for psychological injury, such as post-traumatic stress disorder (PTSD):
| Type | Category | Bandwidth |
|---|---|---|
| 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 |
What other damages might you be forgetting?
Many victims search online for the pain and suffering compensation guide. They focus on compensation for pain and suffering. This is understandable, but often incomplete. Pain and suffering compensation is only one part of your total personal injury claim. There is also material damage. This is damage that is directly felt in your wallet.
A specialized personal injury lawyer identifies all damage items. Including items you might not think of yourself. Insurers will often not spontaneously offer these items. Below is an overview of frequently forgotten damage items.
| Damage Item | What is it? | Why is it often forgotten? |
|---|---|---|
| Household help | Compensation if you cannot clean, cook, etc. | Insurer does not offer this spontaneously. |
| Loss of self-sufficiency | Chores in and around the house that you can no longer do. | Victims often do not know that this is compensated. |
| Study delay | Lost income because you graduate later. | The financial impact is only felt years later. |
| Travel expenses | Trips to the hospital, physiotherapist, or lawyer. | People forget to keep track of these small amounts. |
| Loss of earning capacity | Loss of income if you are (temporarily) unable to work. | Calculating future damages is very complex. |
For many of these items, there are fixed guidelines with standard amounts. For example, in 2026 household help is compensated at € 13.00 per hour (after the first 13 weeks; weekly standard amounts before that) and loss of self-sufficiency is a fixed amount per year of € 192 to € 1,531 (Source: De Letselschade Raad). For travel expenses, compensation of €0.33 per kilometer applies. A personal injury lawyer ensures that no item is overlooked. Through Letselschadevordering.nl, we connect you with an expert who will claim your full damages.
It is important not to confuse pain and suffering compensation with bereavement damages (grief compensation). Both are forms of non-pecuniary damages, but they are intended for different people.
Pain and suffering compensation is the compensation for the victim themselves. It compensates the pain, suffering, and loss of enjoyment of life of the person who experienced the accident.
Grief compensation is compensation for the victim’s next of kin. If a victim sustains serious and permanent injury, or dies, close family members are entitled to compensation for their grief. Unlike pain and suffering compensation, grief compensation works with legally fixed lump sums. These are not negotiable.
How is the amount from the pain and suffering compensation guide calculated?
The amount is not strictly calculated but determined equitably. The lawyer searches the guide for previous lawsuits similar to your situation. The amounts from those comparable cases form the basis for your claim.
Is the opposing party obliged to follow the pain and suffering compensation guide?
No, the guide is not a law. It is a guideline. Insurers often try to adhere to a lower category. Therefore, it is crucial that your personal injury lawyer negotiates firmly and substantiates your case well.
Can I claim my pain and suffering compensation myself using the guide?
That is possible, but strongly discouraged. The guide contains complex legal language and medical terms. Without legal knowledge, there is a high chance that you will agree to an amount that is too low. We help you find a specialist who will take this over for you.
Does hiring a lawyer cost me money?
No. The law stipulates that the liable party must also reimburse your reasonable legal costs. The lawyer we select for you will recover their costs directly from the opposing party’s insurer.
How long does it take for my pain and suffering compensation to be paid out?
This depends on your recovery. Pain and suffering compensation can only be definitively determined once there is a medische eindsituatie (medical end situation). However, your lawyer can arrange an advance payment for you in the meantime.
| Source | Type | Date | Link |
|---|---|---|---|
| ECLI:NL:HR:2012:BV1295 | Case Law (Instance) | 2012 | Ruling |
| ECLI:NL:HR:2023:1275 | Case Law (Instance) | 2023-09-21 | Ruling |
| ECLI:NL:HR:2023:1375 | Case Law (Instance) | 2023-10-05 | Ruling |
| art. 6:106 BW | Legislation | — | art. 6:106 BW |
| art. 6:95 BW | Legislation | — | art. 6:95 BW |
| Source | Type | Date | Link |
|---|---|---|---|
| ECLI:NL:HR:2012:BV1295 | Case law (court) | 2012 | Ruling |
| ECLI:NL:HR:2023:1275 | Case law (court) | 2023-09-21 | Ruling |
| ECLI:NL:HR:2023:1375 | Case law (court) | 2023-10-05 | Ruling |
| art. 6:106 BW | Legislation | — | art. 6:106 BW |
| art. 6:95 BW | Legislation | — | art. 6:95 BW |
📅 Last updated: 1-6-2026 · figures checked for 2026.