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Claiming compensation for pain and suffering

Victims of personal injury are entitled to grievance money. This is the intangible part of personal injury compensation. It means that after an accident, you can claim compensation for pain, lost enjoyment of life and any psychological damage, among other things. You will find everything about claiming compensation for pain and suffering here.

Please note, however, do not wait too long with this, otherwise you run the risk of statute of limitations. It is best to contact one of our personal injury lawyers right now to settle your compensation claim right away. Fill in the contact form with your name and phone number. Tell us your story. One of our lawyers will call you back the same working day.

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Compensation

If you are injured after a traffic accident, workplace accident, dog bite or other accident, you suffer damages. Damages for which you can claim compensation. Unexpected costs are just around the corner:

Your clothes may be broken
You will have to pay hospital fees
You will receive less income
You will need domestic help that needs to be paid for

We call these above costs all material damages. You may also face intangible damages, also called emotional damage. You may be able to claim compensation for pain and suffering after an accident.

What is compensation for pain and suffering?

The Van Dale dictionary, a well-known Dutch dictionary, defines it as follows:

Compensation for damages that cannot be expressed in money:

as a result of physical or psychological harm
if the victim’s honour or reputation has been harmed or the victim’s person has otherwise been affected,
if there is an intention to cause immaterial damage, or
if there is impairment of the memory of a family member.

Would you like us to claim your right to compensation for pain and suffering on your behalf? Then fill in the contact form or call 020 – 214 99 00.

Mapping out damage before submitting claim

In order to fully recover your damages from the other party, a calculation of the total damages (personal injury + compensation for pain and suffering) will have to be made first. For the sake of proof, we advise you to keep all receipts for costs you have incurred. Claiming emotional damages and handling the personal injury case is always done by our lawyer free of charge. Therefore, contact us today and let us explain how our personal injury lawyers work.

Calculating the amount of compensation for pain and suffering

We are often asked, “How much personal injury compensation can I claim?” On this we can be clear. It cannot be calculated without further information. The compensation for emotional damages can often only be determined at the very end of your personal injury case. Only then is it known whether your (psychological) damage is permanent or not. After all, this largely determines the amount of the compensation for pain and suffering.

The main factors for calculating the compensation for damages?

The nature of the injury
The severity of the injury

Compensation for pain and suffering

The nature and severity of your injuries are weighed most heavily in the calculation of emotional damages. However, that is not the only thing considered. Other factors that play a role in the amount of compensation for pain and suffering:

The age and gender of the victim
Degree of consciousness
Lasting scars (psychological impact)
Physical limitations (impact on quality of life)
How much pain the victim suffered
How long the recovery period was

So with every victim, a calculation is made using the same factors. The calculation will always be different, though. One accident is not the other. The same goes for physical and psychological injury. Some people heal, others sustain permanent injuries. All of this is taken into account in the calculation of the compensation.

So calculating emotional damages is a process. It can be a short process. Unfortunately, it is often a long process. That process goes hand in hand with the recovery period. The recovery period you need for the injury you have sustained.

The two most important factors in calculating the amount of your compensation for pain and suffering are the nature and severity of your injury.

Indication of emotional damages

We can now promise you golden mountains and post examples of compensation payments for pain and suffering. But the fact is, it is simply impossible to estimate in advance how much compensation will be paid. We are therefore honest about this: we would like to help you handle your personal injury case and get your damages compensated for you. But we do not make promises about amounts of compensation that we cannot deliver.

We can usually give an indication of the amount of the compensation for pain and suffering. If this appeals to you: fill in the contact form with your name and phone number. Then you will speak to one of our personal injury lawyers the same working day for appropriate personal injury advice tailored to your needs. Find out what we can do for you. Our legal assistance is completely free of charge.

Personal injury lawyer Rogier de Kock at work at one of our offices, the head office in Amsterdam.

Insurer reimburses our legal assistance

Did you already know that you are entitled to free legal assistance for personal injury? The insurer of the other party reimburses our out-of-court costs. You will therefore never receive a bill from us.

Calculate your compensation

Every victim is entitled to compensation for pain and suffering after personal injury

The victim herself is always entitled to compensation for pain and suffering. For example, you are entitled to this type of compensation after a:

traffic accident
dog bite
workplace accident

Is your accident not listed here? You are always entitled to the payment of emotional damages if someone else can be held liable for the personal injury you suffered as a result of an accident. Finally, you can get compensation for the suffering caused. For the pain of the accident. And often the quality of your life deteriorates. Even if only temporarily. You are then entitled to compensation for emotional damages.

Get advice from a lawyer to make sure you receive the right amount of compensation for pain and suffering.

Often low amounts paid in the Netherlands

The amounts of compensation for pain and suffering in the Netherlands are not very high compared to abroad. However, the trend is that the amounts are gradually increasing. Our personal injury lawyers are up to date with the latest court decisions in this area. So that you know you will be paid the correct (i.e. the highest possible) amount of emotional damages.

Can loved ones claim emotional damages?

In the Netherlands, since 1 January 2019, loved ones and survivors are entitled to affectieschade. A special type of compensation for loved ones. Previously, they could only claim shock damage in exceptional cases. To qualify for shock damage, the loved one or survivor must have been directly confronted with the horrific consequences of the accident. In addition, a number of other conditions must also have been met to qualify for this compensation.

Many people felt this was unfair. Therefore, after many years of debate, the Affectieschade Act came into being. Since then, you can claim affection damage if your loved one has suffered serious and permanent injury or died at the hands of another person. For example, due to a traffic accident or workplace accident. We can find out for you free of charge whether you can claim these damages.

Get in touch with us!

For further information on your right to compensation for pain and suffering or how to claim it, contact us. Fill in the contact form. Tell us your story. We will then contact you the same working day. Let us claim the compensation you are entitled to. Our legal assistance is free of charge! Read here why our assistance can be free of charge.