You have been involved in an accident. You suffered personal injuries as a result. Naturally, you want to have a claim for compensation for this. Or perhaps you are already working on that. Now you have reached the point where you would like to know how to calculate your final compensation. Calculating the damage compensation is a complex legal task. The eventual amount of compensation can never be determined in advance, but you can, however, make an estimate in advance.
Calculating the damage compensation
The final compensation can only be calculated when you have recovered (as best as possible) from your injury. Until then, you can still incur costs that can be traced back to the accident. For example, costs for physiotherapy treatments or lost income because you are (temporarily) unable to work.
However, you can already make an estimate of the final compensation. You do this, of course, by looking at the damage you have incurred so far. Some possible damage items are:
- Lost income
- All medical expenses
- Travel expenses
- Study delay
- Household help
- Help with chores in and around the house
- Childcare
- Dog walking service
- Modifications to your home, such as a stairlift
- Costs that have become in vain, such as concert tickets that you cannot use
- Personal property damaged by the accident
- Compensation for pain and suffering
This is only a selection of the damages for which you are eligible. As you can see, this will result in a very complex calculation. Victims often have no idea for which damage items compensation is eligible. Or what is meant by compensation for, for example, travel expenses, household help, and childcare.
Compensation for third-party assistance
Suppose you have to go to the hospital, the occupational health doctor or the physiotherapist several times, but you cannot take public transport. A family member, friend, or close acquaintance will pick you up and drop you off. In that case, not only the travel costs will be reimbursed. After all, the person who is taking you also has to spend time bringing and picking you up. This must also be reimbursed by the insurer of the liable counterparty.
The same applies to help in the household or childcare. Suppose you normally take on half of all household chores. Due to your injury, however, you are (temporarily) unable to perform any household tasks. Half of the tasks that you would usually do will then fall on the shoulders of your partner, child living at home, or a close friend. The time that the person spends on this must also be compensated.
Compensation for pain and suffering is part of the damage compensation
Another thing you are always entitled to as a personal injury victim is compensation for your pain and suffering. You will receive this compensation for the pain, sorrow, and reduced quality of life that you experience as a result of the injury. You may (temporarily) not be able to play your favorite sport (anymore), lift your children, or go for walks with the dog. This obviously has a severe impact on your state of mind.
This suffering can of course not be expressed in money nor can it be repaired with money. Therefore, compensation for pain and suffering serves more as an acknowledgment of your suffering. The following points are taken into account when calculating this compensation:
- Your age
- The severity of the injury and the accident
- How traumatic the accident has been for you
- The duration of your rehabilitation period and the effort you had to make for this
- Have you sustained permanent injury? What can you no longer do?
- To what extent has your zest for life been affected? Can you still pursue your hobbies etc.
- Case law in other personal injury cases (with the Smartengeldgids, a guide with current court decisions on the compensation for pain and suffering in personal injury cases)
It goes without saying that it is very difficult to make a good calculation of the amount of the compensation for pain and suffering.
Calculating damage compensation for permanent injuries
Have you suffered permanent injury after an accident? If so, making a calculation is even more complex. After all, you not only have to consider the damage you are suffering now, but also the damage you will suffer in the future. Since these also need to be compensated.
Here, you can think of the income that you lose if you become (partial) incapacitated for work. In that case, you will not only miss out on regular income, but you will also miss out on possible promotions or bonuses, holiday pay, and pension accrual. All of this is eligible for compensation.
Have the damage compensation be calculated for you
As you have read, calculating compensation is a very complex process. That is why it is important that you have the final damage calculation done by an experienced lawyer. So that you do not accidentally omit any damage items. Or make a calculation that is too low, causing you financial problems.
Would you like to estimate the minimum amount yourself? Then you can use our damages calculator.
Frequently asked questions from personal injury victims
Q: I have suffered very minor injuries. Is it still necessary to claim damage compensation?
A: In short: yes. It is always important to claim compensation after an accident. First of all, you are entitled to it. Even for bruises, scratches, or neck pain. Secondly, the financial damage may be higher than you expect. Thirdly, your symptoms may be the first signs of a more serious injury. Which will leave you facing higher costs.
Q: When and how will my compensation be paid out?
A: Your compensation will be paid out when you have fully recovered from your injury. Have you sustained permanent injury? Then you will receive the compensation if there is no longer any prospect of further recovery. If you enlist our legal assistance, then your personal lawyer will claim interim advances for you. The advances and compensation will be deposited directly into your own bank account.
Q: How much does it cost to have my compensation calculated?
A: Every injury victim is entitled to free legal help. This free help also includes calculating your compensation. We can submit our costs to the insurer of the counterparty. Please note: not every personal injury lawyer offers free legal help. Our lawyers always work free of charge for personal injury victims.
Want to share this article?
