Have you sustained injuries due to an accident caused by someone else? In many cases, you are entitled to personal injury compensation. This compensation covers not only the direct financial damage, but also the suffering and inconvenience you experience. Think of lost income, medical costs, travel expenses and pain and suffering compensation.
Loss of income can be considerable. For example: you earned €2,000 per month, but due to the accident you can no longer practise your profession or work at all. You now receive, for instance, a benefit of €1,400 per month. That means a loss of €600 per month in income. This difference also falls under personal injury compensation.
In this way, not only the visible costs are taken into account, but also the loss of income and the consequences for your daily life.
In this article, we explain step by step how claiming personal injury compensation works, what you can expect and how our lawyers guide you throughout the process.
What is personal injury compensation?
Personal injury compensation is a financial compensation for the damage you suffer as a result of an accident for which another party is responsible. This may involve:
a traffic accident
a workplace accident
a medical error
a defective product
assault or another accident
Injuries can take many forms. This ranges from a broken leg or a simple graze to more serious injuries such as brain damage, a spinal cord injury or permanent blindness. Complaints that are less visible, such as whiplash, psychological complaints or temporary back pain, also fall under personal injury. It does not matter whether the complaints are permanent or temporary, or whether they are visible to the naked eye or not — all forms of physical and psychological injury can lead to damage for which you may be entitled to compensation.
But what exactly falls under personal injury? The Dutch term 'letselschade' is a combination of 'letsel' (injury) and 'schade' (damage). Personal injury occurs when you sustain physical or mental injury and this injury causes damage. Think of being hit by a car, a dog bite, or an accident in the workplace. In all these situations, there may be personal injury if the injury leads to, for example, additional costs, lost income or lasting inconvenience.
Damage is simply the difference between what you could do before the accident and what is no longer possible. This can be financial — such as loss of income or additional costs for domestic help — but also of an intangible nature, such as pain, grief, or no longer being able to pursue your hobbies. Essentially, any form of disadvantage caused by the injury is part of the damage.
The compensation consists of two components:
Material damage: for example, loss of income, medical costs, travel expenses and domestic help.
Immaterial damage (pain and suffering compensation): compensation for pain, grief and loss of enjoyment of life.
You are therefore entitled to personal injury compensation when you sustain injury and damage through the actions of another person. It is important to properly map out both the injury and the damage suffered in order to arrive at an appropriate compensation.
What compensation can I expect after an accident?
You may be wondering what amounts you can expect if you claim personal injury compensation after an accident. The amount you are entitled to depends on the severity and nature of your injury and the consequences for your daily life. There is no fixed table, but there are guidelines and examples that give you an idea of the ranges in which amounts typically fall.
Some common categories at a glance:
- Severe injury: In cases of very serious injury, such as permanent paralysis, severe burns, or total loss of ability to communicate, personal injury compensation can exceed €250,000 and sometimes reach €1,000,000 or more.
- Serious injury: For injuries such as a high spinal cord injury, complete blindness, loss of limb function, or severe psychological damage, payments usually range between €75,000 and €250,000.
- Moderate to serious injury: Injuries such as prolonged coma, permanent mental complaints, or loss of smell and taste often correspond to compensation of approximately €50,000 to €100,000.
- Moderate injury: Think of hearing loss on one side, complex internal injuries or crush injuries. Compensation typically ranges between €25,000 and €50,000.
- Mild to moderate injury: Disfiguring scars, whiplash or complicated bone fractures often fall under amounts of €10,000 to €25,000.
- Mild injury: Minor damage, mild concussion or grazes usually result in compensation between €2,500 and €10,000.
Please note: these are indications. Every situation is unique and the actual compensation is determined by the specific circumstances, such as the permanent limitations, the emotional suffering and the (additional) costs you have had to incur. It is therefore advisable to always have your situation carefully assessed by an expert.
A (personal injury) lawyer or claims representative can help you to properly document all damage items, so that your compensation matches what you have actually lost or had to endure.
What exactly falls under damage?
Damage is the difference between your situation before the injury and how your life looks now. Perhaps you can no longer (fully) perform your work, you have to incur additional costs or the injury hinders your daily life. Think of, among other things:
- The excess on your health insurance
- Costs for transport to the hospital or physiotherapist
- Unforeseen expenses for domestic help or home adaptations
- Loss of income if you can work less or not at all
Example: Suppose you earned €2,000 per month before the accident. Due to the injury, you can no longer work and you receive a benefit of €1,400 per month. The difference of €600 per month is part of your damage.
In addition to the tangible, financial damage, there is also the emotional side: the suffering, the pain, the grief or the fact that you can no longer pursue certain hobbies or sports. This personal damage is compensated with pain and suffering compensation. Determining pain and suffering compensation is tailor-made, because no situation is the same. Among other things, previous court rulings are examined to arrive at an appropriate amount.
This way we ensure that you are not only compensated for the visible costs, but also for the personal suffering that the injury entails.
What if you choose not to file a claim?
It may happen that you — despite someone else being responsible for your injury — choose not to hold them liable. For example, because it concerns a family member, friend or acquaintance, or because you want to avoid a conflict. In that case, you bear the costs and consequences of the injury yourself and no personal injury compensation is paid. You then bear all damage items yourself, such as medical costs and lost income. A damage claim is only initiated if you actually decide to hold the liable party responsible.
Is it always possible to claim personal injury compensation?
If you have sustained injuries, that unfortunately does not automatically mean that you can always successfully claim compensation. There are a number of important conditions:
- Liability: There must be a party that is legally responsible for your injury. The cause of the accident must therefore clearly lie with the other party.
- Causal connection: The injury you have sustained must be directly traceable to the incident for which you hold someone liable.
Sometimes you consciously choose not to file a claim, for example if it concerns a family member or good friend. In that case, you bear the damage yourself and you do not start an official personal injury case.
In short: a claim is only possible if someone else is truly liable for your injury and you decide to recover the damage.
What is an example of calculating additional costs caused by personal injury?
Before the accident, you did everything yourself in and around the house. Due to the injury you sustained, you can now only do light tasks. This means you need domestic help. In addition, you now have to leave maintenance and DIY work to professionals. These are costs that must be included in the damage assessment.
Does personal injury include both physical and psychological damage?
Personal injury is not limited to visible injuries or complaints that can be seen on a scan or X-ray. Invisible complaints, such as whiplash or persistent headaches after a collision, also fall under this category. Moreover, this also applies to psychological damage. Think of anxiety complaints, depression or trauma after a serious accident. Both physical and mental damage therefore qualify for personal injury compensation.
Does the severity, visibility or duration of the injury matter?
The right to personal injury compensation does not depend on how severe, visible or long-lasting the injury is. Less serious or temporary complaints also fall under personal injury. Whether your injury is directly visible — on a photo, scan or with the naked eye — makes no difference. Think, for example, of complaints such as whiplash or psychological injury; these are often not visible, but are certainly recognised as injuries.
Even temporary inconvenience or complaints that are not permanent qualify. The point is that you experience damage or suffering through the actions of another — then you are in principle entitled to compensation.
The personal injury process in 10 steps
Step 1: Registering your personal injury case
You can register your case via our website, by telephone or by email. We will then quickly contact you for an intake interview. If desired, we will come to your home, so that you can tell your story in peace.
Step 2: Discussing your case
During the intake interview, we discuss what exactly happened and what consequences this has for you. We immediately make an initial inventory of your injury and the possible damage items.
Step 3: Holding the opposing party liable
After your authorisation, we officially hold the opposing party liable. Often the insurer of the opposing party takes over the handling of the damage.
Step 4: Initial calculation of your personal injury compensation
We prepare a provisional damage statement with all known damage items. This allows the insurer to gain insight into your situation at an early stage.
Step 5: Substantiation of damage items
Together we collect evidence, such as medical invoices, income data and bills. This helps to properly substantiate your compensation.
Step 6: Requesting medical records
To substantiate your injury and complaints, we request your medical records from your treating physicians. This file is shared with the insurer's medical adviser.
Step 7: Advance on personal injury compensation
Once liability has been acknowledged, we immediately request an advance payment for you. This means you do not have to pay the costs you incur out of your own pocket.
Step 8: Monitoring progress
Throughout the entire process, we maintain contact with you and the insurer. Where necessary, we regularly request additional advance payments.
Step 9: Final settlement of the damage
When you have recovered or a final medical condition has been reached, your damage is definitively determined. This also includes the determination of pain and suffering compensation.
Immaterial damage, or pain and suffering compensation, is a payment for the suffering, pain and emotional consequences of your injury. This damage is often invisible and very personal: where one person is deeply affected by scars or the inability to exercise, another may deal with it differently. Determining pain and suffering compensation is therefore not a standard matter; the amount is difficult to determine precisely and is usually based on previous court rulings in similar situations. The aim is to do justice to your personal experience and the impact the injury has had on your life.
Step 10: Settlement agreement
If there is agreement on the final payment, we record this in a settlement agreement. A tax guarantee is often included, so that you do not have to pay tax on the compensation.
Tax exemption for personal injury compensation
You never have to pay tax on the personal injury compensation you receive. This is arranged with a tax guarantee in the settlement agreement. Should the Tax Authority unexpectedly find that the compensation falls under your taxable income, report this immediately to the insurer. They will handle this with the Tax Authority. Should it turn out that tax still has to be paid, the insurer will bear these costs.
Why choose Arslan & Arslan Advocaten?
Claiming personal injury compensation against an insurer is often an unequal fight. Insurers have experienced lawyers who handle personal injury cases on a daily basis. Victims, on the other hand, are often unfamiliar with their rights and obligations.
Our specialised personal injury lawyers ensure that you receive what you are entitled to. Moreover, all reasonable costs of legal assistance are recovered from the liable insurer. Our help is therefore free of charge for you.
Frequently asked questions about personal injury compensation
When am I entitled to personal injury compensation?
You are entitled to personal injury compensation if another party is responsible for the accident and you suffer damage as a result.
The concept of 'personal injury' is actually self-explanatory: it is a combination of 'injury' (physical or mental) and 'damage' (financial or intangible loss). There must therefore be both injury and damage in order to speak of personal injury. Think of situations in which you sustain injury due to, for example, a traffic accident, a workplace accident or a medical error, and these injuries lead to costs or loss of income. Only when both elements — injury and damage — are present and another party is liable for this, can you claim personal injury compensation.
It is important to know that personal injury can arise from various causes. You may, for example, sustain injury from a traffic accident, a workplace accident or a medical error. However, this does not automatically mean that you can always successfully claim compensation. There must be a clear cause and effect, where another party is actually liable for the injury sustained.
Sometimes you sustain injury through the actions of someone else, but decide not to file a claim — for example because it concerns a family member or a good friend. In that case, you bear the damage yourself and there is no personal injury claim.
In short: there must be a liable party and the damage must demonstrably be the result of the accident for which that party is responsible.
What damage can I claim?
In addition to medical costs, you can also claim loss of income, travel expenses, domestic help, study delay and pain and suffering compensation.
How long does it take before I receive compensation?
You often receive an advance payment soon after liability has been acknowledged. The final settlement depends on the severity of the injury and the recovery process.
Do I have to pay the costs of a personal injury lawyer myself?
No, the reasonable costs of legal assistance are paid by the insurer of the opposing party. The help is completely free for you.
What if I am not satisfied with my current lawyer or legal expenses insurer?
You can always switch. We take over your file free of charge and ensure that you receive the maximum compensation.