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Compensation for pain and suffering

Are you wondering what compensation for pain and suffering entails? It is compensation for your emotional damage. After an accident, you will always have to deal with this. Compensation is paid out by a liability insurer if someone has suffered an accident and suffered injury (and thus grief) as a result. In this article, we will tell you more about this form of compensation.

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You can also directly seek our free legal assistance in claiming your damages. At JBL&G, you will be assigned a personal lawyer who will listen to your wishes and needs. Your personal lawyer will always go for the maximum compensation for damages. 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 for pain and suffering: the intangible damages

Compensation for pain and suffering is also known as immaterial damages. This is all other damage besides material damage, such as physical pain, psychological suffering, scarring, etc. This also includes lost enjoyment of life and impairment in the person (insult and so on). Compensation for emotional damage is financial compensation for the immaterial damage suffered.

Compensation for pain and suffering is the compensation you receive for your pain, sorrow and temporarily diminished enjoyment of life after an accident.

Height of compensation for pain and suffering?

Of course, the amount of compensation for pain and suffering depends entirely on the injuries sustained and suffering someone has suffered (due to the accident). It also depends on your age and other factors, such as:

The severity of your injury and the accident
The nature of your injury: temporary or permanent
How much pain you had to endure during the recovery process
How much time and effort you had to put into the recovery process
To what extent you have had to adapt your life to your injury
What psychological impact visible scars, the injury and accident have on you

A concrete example:

Suppose you have always worked passionately in your garden. Unfortunately, this is no longer possible due to the injury you have suffered. As a result, you have to hire help to keep your garden in order. This not only costs you money, but you also experience less joy in life as a result. Such forms of emotional damage determine the amount of your compensation.

Most of these factors only come to light during the final medical situation. When you have reached the medical end state? When your rehabilitation period ends. Do you sustain permanent injuries from the accident? Then you have reached the medical end situation when there is no prospect of further recovery.

Contact us if you would like to be informed about the amount of compensation for pain and suffering without any obligation.

How to prepare compensation calculation for pain and suffering?

Calculating compensation for pain and suffering is a very complicated matter. After all, how do you arrive at a fair amount for your suffering? Your ‘invisible’, emotional damage is impossible to monetise. Nor is compensation intended to erase this type of damage. After all, that is impossible. Compensation for emotional damage is created to recognise the suffering of personal injury victims. After all, your emotional damage is just as much damage. Damage that should not be swept under the carpet.

Calculating compensation for pain and suffering is a complex legal task. It is therefore best to leave this to an experienced personal injury lawyer. An experienced lawyer will accurately map out your emotional damages. Also, the Smartengeldgids is always pulled out. This guide contains court rulings in the field of compensation for emotional damage in personal injury cases. This guide is updated annually with current judgments on the payment of this type of compensation. Incidentally, the amounts mentioned in this guide often do not do justice to the grief experienced by the victim.

The Smartengeldgids is the reference work our lawyers use when calculating the compensation for pain and suffering.

Claiming compensation for pain and suffering from insurer

Insurers always try to pay the lowest possible amount of compensation for emotional damage. They also often do not charge legal interest on this amount, which they should. Our lawyers can ensure that you will receive a fair amount.

We also advise against engaging with the insurer yourself. It is very painful to have to argue about your suffering. Coming to the right amount is not without a struggle. You can’t use that during your recovery period. But also not afterwards. After all, it remains a sensitive issue. Moreover, it is important to claim the compensation as soon as possible. After all, you don’t want your case to be time-barred. Therefore, always opt for legal assistance when claiming compensation for pain and suffering. Your personal lawyer:

Conducts the discussions for you
Ensures that the insurer recognises your suffering and pays the maximum compensation
Keeps a close eye on the statute of limitations for your personal injury case

Compensation for pain and suffering in law

The arithmetic is simple: are you entitled to compensation? Then you are also entitled to compensation for emotional damage. However, there are also other forms of immaterial damages.

Compensation for loved ones

Article 6:106 of the Civil Code defines what compensation for pain and suffering is and when it may be paid. Since 1 January 2019, the Affectieschade Act has been in force. This type of damage could be paid if your child dies in a traffic accident, for example. Or if your partner suffers permanent brain damage due to an accident at work.

Shock damage

For some time now, shock damage can be claimed in the Netherlands. But under very strict conditions. To qualify for an award of shock damages, it is required:

that a serious accident occurred, in which someone died or was seriously injured
that the person claiming shock damages saw the accident himself or was present immediately after the accident, causing an emotional shock, and
that the person claiming shock damage has suffered serious mental injury, for which he or she should also undergo psychological treatment

Dutch law states that you are entitled to compensation if someone else can be held liable for your personal injury. You can claim these personal injury damages from the other party's insurer.

Claim your compensation

Do you want us to take up your case? If you hire a personal injury lawyer from JBL&G:

You will receive the highest possible amount of compensation for emotional damage
You get free legal support, read here why our help can be free of charge
Do you get personal and reliable help, JBL&G works throughout the Netherlands and is independent

We work only for you. We submit a claim to the insurer. We also ask for an advance payment of compensation.

Tip: make sure your claim for damages is not lost due to prescription! Therefore, contact us as soon as possible. We will personally ensure that you receive maximum compensation as soon as possible. Contact us today. Enter your name and phone number in the contact form. Tell us your story. One of our lawyers will call you back the same working day.