If you have suffered injury caused by another person, you are entitled to compensation.
You can claim compensation for personal injury up to five years after the injury occurred. In the case of traffic accidents, this is generally three years. There are also certain exceptions where the period is only one year.
In most cases, the other party is insured for liability and the insurer will settle your claim.
In order to determine your damages, the insurer must compare your situation before and after the incident. This is difficult if your future plans are not yet known. Perhaps you were still studying or had been laid off shortly before the accident due to a reorganization. In that case, the question is how your life would have unfolded without the injury. This is usually investigated by experts.
Example: comparison before and after the injury
| Before the accident | After accident | |
| Work | 100% salary, thirteenth month, company car, pension accrual | 70% salary because you are ill, no thirteenth month, own car, lower pension accrual |
| Household | do the housework yourself | domestic help |
| Medical expenses | no medical expenses | health insurance deductible, medication costs, physical therapy |
| Loss of self-reliance | painting your own house, doing your own garden maintenance | enlist the help of family, gardener, and painter |
| Compensation for pain and suffering | playing sports, traveling to distant places, hobbies | immobility, pain, sadness, hobbies no longer possible, reduced zest for life |
The personal injury compensation consists of various items of damage.
The total amount of compensation paid varies from case to case and depends on the severity of your injury, the course of your recovery, the consequences for your work or household, the costs incurred, and so on.
Common damage items are:
See here for an overview of 30 common types of damage with explanations »
The amount of your compensation is calculated based on your injury and your specific situation. No two personal injury cases are the same.
Some items of damage are less obvious, but the insurer must still compensate them. Examples include:
Uw letselschade advocaat zet alle schadeposten op een rij in een schadeoverzicht. Dit heet een schadestaat.
To substantiate the damages, as much supporting documentation as possible is required, including invoices, quotations, pay slips, etc.
Damage that will occur in the future is also taken into account. This usually happens in the final phase of your personal injury case. First, it must be clear what injuries you have and how these will develop in the future.
Het smartengeld is ook onderdeel van uw totale schadevergoeding.
Compensation for pain and suffering is compensation for mental damage and reduced quality of life due to, for example, long hospital stays, no longer being able to pursue your hobbies and sports, no longer being able to do volunteer work, or no longer being able to travel. These are just a few examples.
The amount of compensation depends on your injury and recovery, but your age, for example, may also be taken into account.
More about compensation for pain and suffering »
Most personal injury cases are settled. This means that you will receive the total compensation, including for the future, in a single payment.
The lump sum payment takes into account all opportunities and risks, such as the chance that you may become unable to work in the future due to a worsening of your symptoms.
If it is too risky to settle the personal injury case definitively, you can also request a reservation. This allows you to receive higher compensation at a later date if your symptoms worsen and the damage increases as a result.
The insurer pays out the personal injury compensation net. This means you do not have to pay income tax on it.
However, you must declare your assets and therefore also the compensation in Box 3 for capital gains tax purposes. This can be taken into account when determining the amount of compensation.
Er kan bij de belastingdienst een fout worden gemaakt waardoor toch inkomensbelasting wordt geheven over uw schadevergoeding. Het is daarom raadzaam om bij de afhandeling van uw zaak om een belastinggarantie te vragen. Met deze garantie kunt u het probleem met de belastingdienst door de verzekeraar laten oplossen.
