Anyone who is injured in an accident almost always wonders: how is personal injury calculated? The short answer is: careful, personal and often more complex than expected. In this article we explain step by step how personal damage is determined, which damage items count and why professional guidance is important.
What exactly is personal damage?
Personal damage is all damage that occurs because someone sustains physical or psychological injury due to the actions of someone else. This not only concerns medical costs, but also loss of income, missed opportunities and immaterial damage (punishment).
Important: the starting point is always that the victim is financially placed in the situation as if the accident had not happened.
Step 1: Determining liability
Before damage can be calculated, it must be determined who is liable. Without liability, there is no compensation.
Liability can arise, for example, in the event of:
traffic accidents
occupational accidents
medical errors
accidents in public spaces
Only when liability has been recognized (or legally established), can the damage calculation start.
Step 2: Inventory of all damage items
Personal damage consists of several damage items, which together form the total damage amount. These are roughly divided into material damage and immaterial damage.
Material damage (pecuniary damage)
1. Medical costs
All costs that are not (fully) reimbursed, such as:
deductible
physiotherapy
medication
aids
Future medical costs also count.
2. Loss of income
One of the largest damage items.
Consider:
missed salary
being able to work fewer hours
loss of career opportunities
loss of earning capacity among self-employed people
This takes into account:
income before the accident
current situation
future expectation without accident
3. Costs for help and care
For example:
domestic help
informal care by family
childcare
adjustments to the home or car
Free help from family is also legally valued.
4. Other costs
Such as:
travel costs
study delay
additional expenses due to the injury
Everything that is demonstrably the result of the accident counts.
Intangible damage: damages
In addition to financial damage, there is punishment. This is compensation for:
Pain
Sadness
Loss of enjoyment of life
Psychological complaints
How is compensation determined?
Patience is determined on the basis of:
Severity and duration of the injury
Permanent limitations
impact on daily life
similar previous cases
There is no fixed formula. It is tailor-made.
Step 3: Medical assessment
For permanent or long-term injuries, a medical final condition is often required. Only then can it be properly assessed:
what the permanent limitations are
what future damage can be expected
Without medical clarity, there is a risk of underestimation of the damage.
Step 4: Calculate future damage
Personal damage often extends beyond today. The following is taken into account:
future loss of income
future healthcare costs
pension and accrual loss
This is done with calculation models and scenarios. Small assumptions can have major financial consequences.
Step 5: Negotiations with the insurer
The insurer of the liable party will:
critically assess damage items
try to limit amounts
sometimes exert pressure to settle quickly
It is precisely here that expert legal guidance makes the difference.
href="https://arslan.nl/dagvaarding-ontvangen-van-de-deurwaarder-wat-nu/" title="Received a summons from the bailiff: what now?">personal injury lawyer:
completely maps out all damage items
involves medical and financial experts if necessary
negotiates with insurers
prevents underestimation of your damage
The costs of legal assistance in personal injury cases are recovered from the liable party. This is therefore free of charge for you.
Conclusion: how is personal injury calculated?
Personal damage is calculated by:
determination of liability
inventory of all damage items
medical assessment
calculation of future damage
legal negotiation
Every case is tailor-made. Two apparently similar accidents can lead to completely different compensation.