The starting point is that the compensation paid is sufficient to put you in the situation as if the accident never happened. In that case, you are restored to the “old situation” and the damage is compensated. Your advocate will collect all damage items in a statement of claim. This applies to personal injury claims handled under Dutch law.
Pain and suffering compensation (smartengeld) is a collective term for other non-material damage. For example, you may no longer be able to pursue certain hobbies or have permanent visible injuries. You may also suffer from permanent pain.
Material Damage
This includes damage to vehicles, personal contribution to medical costs, clothing, telephone costs, and travel expenses.
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Calculating pain and suffering compensation
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Calculating damage items
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Engaging experts (at the expense of the liable party)
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Requesting medical information
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Negotiating compensation
Frequently asked questions
What is personal injury?
Personal injury is all the loss you suffer through an accident for which someone else is liable. That loss consists of various items, both material and non-material.
What items does personal injury consist of?
Among others pain and suffering (non-material loss), material loss (such as own risk, travel and phone costs), loss of income, domestic help and economic vulnerability.
What is compensation for pain and suffering?
It is the compensation for non-material loss, suffering, pain and loss of enjoyment of life, for example with permanent visible injury or hobbies you can no longer pursue.