Have you sustained personal injury? Perhaps you were hit by a car or had an accident at work. Or you were bitten by someone else’s dog. Whatever it may be, the fact is that you have damage and that it will result in costs. Who will pay for these? Whoever is responsible for the accident of course! Your fellow road user who hit you. Your boss, if the accident occurred in the workplace. Dog bite? Hold the owner liable! In this article we have drawn up a list of 15 types of damage compensation.
Types of damage compensation
What types of damage compensation are you entitled to? Doctor’s fees of course, and the repair of things that were broken. But there are so many more types of compensation. For example, you can hold someone liable for your material damage as well as for your immaterial damage. Because this is unknown to many personal injury victims, we have drawn up a list of 15 types of damage compensation. Bet you hadn’t considered all of these types. In addition, we also describe how you can apply for these 15 types of compensation.
Please note that this list is by no means complete!
15 types of damage compensation
Below is a list of 15 types of damage compensation. We describe types of compensation that you probably hadn’t thought of before. We leave out the obvious types of compensation. Among the obvious types, you can think of:
- Doctor’s bills
- Deductible that you have lost
- Repair of property that has been damaged
- Depreciation of your car
Below, we have listed 15 less obvious types of damage compensation and how to apply for them.
1. Transport costs (and parking costs)
When you sustain an injury, you are most likely less mobile. Sometimes this is temporary, but in more serious cases you will be permanently restricted in your freedom of movement. Either way, you incur costs to get from A to B. Transport to the doctor, hospital, and your physiotherapist. Transport to work. Gasoline costs because you have to go by car instead of by bike. But also costs for adapted transport. You may need to buy a larger car because you need to be able to fit a wheelchair in it.
In addition, the travel expenses incurred by your friends and family will be reimbursed. Does your partner have to take you to the doctor? Do relatives come to visit you in the hospital? Their travel expenses are eligible for reimbursement. As well as the cost of the time they spend doing so.
2. Lost income if you are employed
When you are recovering from your personal injury, you may not be able to work for some time. As a result, you will miss out on income, for example, because only 70% of your wages are paid when you are on leave. This is a loss item that must be compensated by the other party.
But there’s more. Are you unable to work for a longer period of time? Then you will not receive bonuses, tips, salary increases, pension accrual, holiday pay, and so on. You will also miss out on any earnings from undeclared work. Just imagine how high that amount can get! Fortunately, you can count on being reimbursed for this damage.
3. Lost income if you are self-employed
If you are unable to work as a freelancer for a while, you will soon run into problems. You no longer have any income, and on top of that you can lose clients, you have to continue to pay the rent of your possible business space and you have to put extra work into promotion and acquisition when you go back to work. These, too, are damages you can claim.
4. Study delay
If you are still a student, you may miss lectures, are unable to take exams during your recovery, and therefore experience a study delay. This will delay your entry into the labor market and deprive you of salary and work experience. There are standard amounts for compensation for this. If you experience a one-year delay in your studies, the reimbursement amounts for 2019 were as follows:
- Elementary school: € 8,100
- VMBO and LBO: € 18,625
- Havo, mbo and vwo: € 22,650
- HBO and WO: € 27,525
Do you have a study delay of more than a year? Or what if, for example, your personal injury causes you to have concentration problems and you can no longer complete your studies? In that case, no standard amount applies for the following year and your damage falls under the item ‘loss of capacity to work’.
5. Household help
Bedridden or less mobile due to your injury? All kinds of chores in the home must still be done. Think of cleaning, or doing the laundry. You can no longer do this yourself, so you hire someone or ask friends or relatives to do it for you. These costs are also included in your compensation – your friends or relatives are also entitled to compensation if they have helped you!
6. Loss of self-sufficiency
Just as you need help to do the housekeeping, there are other chores around the house that you may not be able to do yourself. You can think of painting or repairing your home, washing your car or doing yard work, or walking the dog. All help that you enlist for this must be reimbursed.
7. Cost without benefit
When you have had an accident, a lot changes in your life. You can do some things less frequently or less well, especially if you have become less mobile due to your injury. You suddenly have costs for things that have become completely useless. Consider the following:
- A gym subscription
- A private trainer
- A racing bike that you still have to pay off
- An already booked training course to become a yoga teacher
- Tickets to the theater you cannot go to because you are still recovering
- The rent of a house that you do not live in because you are staying in a rehabilitation center
These costs must be reimbursed by the counterparty.
8. Vacation
No, a vacation is not a damage item. But what if you have to cancel your vacation because of your recovery period or injury? Or if you have to go on an adapted holiday from now on? Then you will be reimbursed for these costs. And what if you can no longer camp like you used to, but instead have to stay in a house because of your injury? These additional costs must also be reimbursed.
9. Your right to unemployment benefits and other social security
Have you lost your job because of your personal injury? If you do not receive sickness benefits, you will use up your entitlement to unemployment benefits and you will have to build this up all over again. A real shame! This is also included as a damage item.
10. Adapted living situation
If you are less mobile, you must take measures to adapt your living situation. Have a stairlift installed to help you up the stairs, have the thresholds removed so that you can easily get around with your wheelchair, or have a raised toilet installed. This can be quite expensive! These costs should be reimbursed by the other party.
11. Adapted exercise
Do you want to continue exercising despite your injuries? That is possible! However, there are costs involved. A special sports wheelchair, for example, or guidance in the form of a coach. The compensation you receive for this offers all kinds of possibilities to maintain your old life as well as possible.
12. Economic vulnerability
Having sustained an injury leaves you economically vulnerable. You are more likely to be fired, it will be more difficult to find a job, and your career options are limited to some extent. An estimate is made of the extent of this damage, and this is included as a damage item.
13. Statutory interest
From the day the accident takes place until the day your compensation is paid, the counterparty owes you the statutory interest. This amount is determined by the government.
14. Future damages
The counterparty must also compensate for damage that has not yet occurred but can be expected in the future. However, it is wise to wait for the final medical condition before agreeing to determine the final amount. This is to avoid unexpected expenses.
15. Compensation for pain and suffering
The last item of damage in this list is compensation for pain and suffering. The previous damage items all fell under making someone liable for your material damage. But you can also hold someone liable for your immaterial damage. Compensation for pain and suffering is compensation for the immaterial damage that you incur. Damage that cannot really be measured in money. A compensation for all the pain, stress, and suffering that you have had to accept as a result of the accident. The amount of the compensation varies per accident and depends on a number of factors, including:
- Your age
- The severity of your injury and the duration of your recovery
- The presence of scars
- The extent to which you are limited in your daily life due to your injury
How to apply for these 15 types of damage compensation
While this list of damage items is quite impressive, it is far from complete. There is a lot to take into account when applying for damage compensation. That is why it is always highly recommended to engage a representative. A personal injury lawyer is well aware of what types of compensation there are and what he or she can best do to maximize compensation for you.
Doesn’t that cost a lot of money?
Are you afraid that enlisting the help of such a representative will cost you all your life savings? No need to worry about that. In fact, as a bonus, we will tell you about a 16th damage item: the costs of your legal assistance. If you engage this via JBL&G, the counterparty must also reimburse these costs. So, this will not cost you a penny.
Frequently asked questions from personal injury victims
Q: What is personal injury?
A: All physical, mental, and material damage resulting from an accident. All losses arising from this are eligible for compensation.
Q: When can the counterparty be held liable?
A: If the other party can be held responsible for your personal injury. Sometimes this is obvious, but often it is not. Are you unsure whether someone can be held liable for your personal injury? Our lawyers will be happy to sort it out for you without any obligation and free of charge.
Q: I have suffered very minor injuries. Is personal injury compensation necessary?
A: Our advice: always claim personal injury compensation. Even with very minor injuries, such as bruises or neck pain. The expenses may be higher than you expect. Your injury may also get worse. Moreover, you are entitled to compensation for your personal injury. No matter how minor it may be.
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