Compensation for personal injury

An accident can leave you incapacitated for a short or long period, or even permanently, and can lead to a loss of earning capacity. This can have significant financial consequences.

In some cases, your employer will continue to pay you, but this isn't always the case. In most cases, the employer doesn't pay your full salary, but perhaps only 70%. Furthermore, you may miss out on various costs, such as bonuses, irregular hours allowances, overtime pay, or tuition fees. Even income you haven't yet received can count. Consider, for example, the completion of a current training program or a raise after a promotion.

If you remain incapacitated for work for an extended period, you will be eligible for social security benefits (for example, the Income and Employment Act). The Income and Employment Act (WIA), for example, pays a maximum of 75% of your last earned salary. Despite this provision, you will still be worse off financially. If you get another job because you can no longer perform your previous duties due to the accident, you may also earn less.

The other party will compensate for the loss of income. When determining the loss of income, not only your income at the time of the accident is considered, but also your career prospects in the future. Furthermore, any promotions, in the situation without the accident, are taken into account in the damages calculation. This would be determined by experts. They can provide an assessment of career prospects based on your complete employment history and personal impressions.

Bovendien is in de rechtspraak bepaald dat de verzekeraar geen hard bewijs mag eisen met betrekking tot de inkomensontwikkeling in de situatie zonder het ongeval. Juist door het ongeval kunt u dit namelijk niet bewijzen.

As an injured party, you are entitled to material and non-material damages. Non-material damages are also called non-pecuniary damages. Non-pecuniary damages are compensation for the pain, suffering, and grief you suffered as a result of the wrongful event.

Examples for which you can claim compensation for pain and suffering include loss of enjoyment of life, sadness, pain, suffering, sleepless nights or psychological complaints as a result of the unlawful event.

In the Netherlands, non-pecuniary damages are determined according to reasonableness and fairness. The nature and severity of the injury determine the amount of non-pecuniary damages. This is not based on a mathematical formula. The victim's special personal circumstances are generally taken into account; these, of course, do not lend themselves to a strict formula.

In het geval dat u medische kosten heeft gemaakt die niet (volledig) door de ziektekostenverzekeraar worden vergoed, stellen wij namens u de tegenpartij aansprakelijk voor deze kosten. Denk hierbij aan kosten voor medische behandelingen of medicatie, of kosten die wegens een eigen risico moeten worden vergoed.

Due to your injury, you may no longer be able to perform all or part of the household tasks you performed before the accident. This includes activities such as cleaning, cooking, grocery shopping, and caring for your children, with the exception of activities related to self-reliance. Self-reliance refers to personal care and activities of daily living.

If you are limited in your household tasks, you will need help with your household chores. This can be done by family members, friends, or acquaintances, but you can also seek professional help.

Regardless of whether you actually pay compensation for this domestic help, the liable party will be required to pay damages. The Personal Injury Council provides standard amounts for domestic help per week in the Personal Injury Guidelines for Domestic Help, distinguishing between mildly to moderately limited and severely limited. This refers to the limitation of the ability to perform household tasks.

Damage to personal property is considered material damage. This is often directly traceable to the accident and does not lead to disputes with the insurer.

Personal belongings include items such as clothing, a phone, or other accessories that were damaged or broken during the accident. You can always claim damages from the liable party, provided you have proof of purchase or a copy of the purchase.

It's possible that your accident injury will cause you to lose your ability to work independently. You'll no longer be able to do tasks in, on, and around the house that you would normally do yourself.

If you are limited in your ability to work independently, you can ask for help from family members, friends or acquaintances, but you can also seek professional help.

Self-employment includes the following regular maintenance activities:

1. Repair work in and on the home;

2. Painting work in and on the home, as well as applying wallpaper or wall coverings;

3. Garden maintenance, including maintenance of paths, patios, sheds and fences.

The liable party must reimburse the additional costs you incur for these outsourced jobs. Of course, it makes a difference whether you live in your own home or a rental property. In the latter case, it's safe to assume that major repairs are the landlord's responsibility. For tenants, work in and on the property is generally limited to interior painting, wallpapering, and occasional minor repairs.

In addition, work you performed on your boat, motorcycle, or car may also be considered. The costs of hiring third parties to take over this work will also be recovered from the liable party.

If you, as a self-employed entrepreneur, have suffered personal injury due to an accident, the consequences can be significant. Besides the loss of earning capacity, the continuity of your business operations will also be jeopardized. Meanwhile, costs continue to accrue, while you, as an entrepreneur, are unable to fulfill certain orders due to the accident, potentially losing customers.

If you are temporarily incapacitated, you can hire a temporary assistant. The costs will be recovered from the other party.

In addition, the precise financial consequences are examined. The damages are determined by comparing the hypothetical situation without the accident with the situation with the accident. Since the income of self-employed individuals varies annually, a simple comparison between the situation before and after the accident is often not possible.

Financial implications are often determined based on company information such as accounting and tax records, such as annual financial statements. Future expectations can also be determined based on these figures, as can industry developments.

An expert can also be called in to get the best possible picture of your company's possibilities if the accident had not happened.

If you've been involved in an accident that left you with personal injury, you may be able to keep your job. However, whether that will remain the case in the future is questionable. You may lose your current job later, and the injuries sustained in the accident may reduce your chances of finding work. This can leave you facing economic vulnerability.

Your economic vulnerability can be included as a loss in your personal injury claim. It's also possible to cover future risk through a contingency when settling your personal injury claim. We can help you determine this risk and recover these losses.

Did you have income from undeclared work before the accident? This includes construction workers and carpenters who regularly perform other tasks in their free time. Work in other sectors, such as cleaning, consulting, or hospitality, is also not always registered with the tax authorities. In that case, you have "undeclared" (additional) income.

The Dutch court has ruled that lost "black" income is also eligible for compensation. The injured party must demonstrate the damages. We can help you substantiate these damages and file a claim, so you can focus on your recovery.

The loss of a company car will also be taken into account when calculating damages. This can result in a significant financial loss. The calculation will then be based on what you would have paid for your own car, and specifically, what the private mileage would have cost with a private car. Because private mileage costs depend heavily on the type of car driven, there's no general guideline. We'll work with you to map out your damages so you receive the compensation you're entitled to.

The loss of a company car will also be taken into account when calculating damages. This can result in a significant financial loss. The calculation will then take into account what you would have paid for your own car, and specifically, what the private mileage would have cost with a private car. Because the cost of private mileage depends heavily on the type of car driven, there is no general guideline. We will work with you to identify these damages to claim appropriate and fair compensation.

You may experience a delay in your studies or have to repeat a year of school as a result of the accident. In this case, the additional study costs (tuition, study materials, exam fees, etc.) can often be recovered from the other party. We help you calculate the damages for these additional costs and hold the other party liable on your behalf.

Such study delays or setbacks can delay your entry into the job market, resulting in higher tuition fees but lower income. Depending on the type of education and the duration of the study delay, you may be eligible for compensation for this future loss of income. Guidelines developed by the Dutch Personal Injury Council (DWLRQ) indicate that compensation for these damages can amount to up to €20,000.

If you were hospitalized after the accident or had to stay temporarily in a rehabilitation facility or nursing home, you are entitled to a fixed amount per day of hospitalization, known as a daily allowance. We can help you recover these costs.

If you have permanent damage after the accident, you may face higher insurance costs. An insurer might charge a higher premium, or you might need to extend your health insurance coverage due to ongoing medical treatments. We can recover these additional premium costs from the other party on your behalf.

To substantiate your damages and successfully claim compensation, it's important to provide sufficient evidence. This evidence can include receipts, invoices, appointment confirmations, photos, etc.

It's therefore important to keep your records up to date immediately after the accident. This may result in additional administrative costs. These may include purchasing folders to store your papers or even hiring a family member to help with your administrative tasks. While these costs may seem small at first, they can add up over time.

We will advise you on the supporting documents needed to properly substantiate your claim. You are entitled to reimbursement for any costs incurred.

During your personal injury case, your telephone, postage, and photocopying costs may increase. This is due to the contact you have with your attorney, doctors, and other agencies. These costs are also considered administrative expenses and must be reimbursed by the other party as damages.

Due to the nature of your injuries sustained in the accident, you may need modifications to your car. These modifications are necessary to enable you to use the vehicle again, despite any physical, mental, or functional limitations resulting from the accident. This may be necessary, for example, if you have a foot injury that could cause difficulty operating the pedals.

These problems can sometimes be resolved by making certain modifications to your car. If the problems can't be solved with modifications, it may even be necessary to purchase a new, modified car tailored to your specific needs.

If liability is acknowledged, you can claim these costs, if reasonable, from the other party. To substantiate the reasonableness of these costs as damages, a doctor's statement is often required stating that other forms of transportation are unsuitable for you due to the accident.

You may incur additional transportation costs as a result of your accident. These may include replacement transportation, gasoline, and parking expenses related to visits to the hospital, doctor, or physiotherapist.

These costs can be reasonably recovered from the other party as damages. A mileage allowance is usually included, so it's important to keep track of any excess mileage.

You may need necessary adjustments or aids in your home, work, or living environment as a result of your accident. Government funds are available for these aids, but in practice, they are often insufficient. You can apply for reimbursement for these aids from your municipality.

Your personal situation will determine which adjustments are necessary for your home. These may include removing thresholds, widening doors, making adjustments to the kitchen or bathroom, and so on.

These adjustments often entail significant costs. It's therefore wise to thoroughly identify these damages beforehand and discuss them with the other party. We can assist you with this by engaging the right experts. This prevents you from incurring costs that the insurer or municipality will not reimburse later. We can identify and recover any costs not covered by your municipality from the other party.

You may be forced to spend much more time at home due to your accident, for example, because you are disabled or have become fully or partially incapacitated as a result of the accident. This may result in additional costs for you.

This could include extra electricity, gas, and water costs, additional household expenses like food and drinks, etc. In practice, an annual amount is often used for these costs. We can help you inventory these costs and obtain a fair annual amount.

If home modifications are not possible or too expensive, you may be forced to move. In that case, you are entitled to compensation for moving and refurbishment costs. You are also entitled to equivalent housing.

We'll help you find a new home that's equivalent to your current one. This could include a garden, hobby room, or garage. If these were present in your current home, you're generally entitled to them in your new one as well.

It's possible you incurred expenses before the accident that you didn't benefit from or enjoy as a result of the accident. Consider, for example, a gym membership or concert tickets. It's quite possible that you weren't able to use these expenses due to your accident, even though you had already incurred the costs.

These costs are called "useless" costs. As a result of your accident, the "usefulness" of the costs has been lost. These costs may also be eligible for compensation as damages.

This can also include ongoing housing costs, for example, if you're hospitalized for an extended period due to your accident. These unnecessary costs could include your rent, phone bill, or periodic energy bills. We can help you identify these costs and recover them from the other party.

If you sustain a serious injury, you may have to incur additional costs for a modified vacation. This can quickly add up to a substantial loss, especially if the damage is also passed on to future clients. In some cases, these additional costs may be eligible for reimbursement.

After an accident, you may suffer immediate damage, such as damage to your vehicle, clothing, and/or other personal belongings. However, the damage can also persist for a longer period or even become apparent or arise in the future. These future damages can be substantial. Therefore, future damages are a significant expense that must be considered when calculating the amount of your claim.

Calculating future damages is complex because the recovery process and any potential new problems are unclear. To determine future medical risks, we engage a medical advisor and/or an independent physician. Other experts, such as an occupational health expert, can also be consulted where necessary.

The calculation also takes into account inflation and interest you may receive on your compensation.

In the event of an accident resulting in (serious) injury, you may need to wear a prosthesis or use crutches. Using these or other assistive devices can cause items, such as your clothing, to wear out much faster. Leg or foot injuries can also cause accelerated wear and tear on footwear.

The costs of purchasing additional clothing and footwear must be reimbursed as damages by the other party.

Your personal injury case is usually settled with the benefits you receive at the time of the settlement in mind. To prevent financial problems, you can agree with the opposing party that you have the right to reopen your personal injury case if you lose your benefits.

It's important to note that your compensation is a net payment. Like any advance payments previously received, you don't need to declare this on your income tax return. You don't owe any tax on the amount of the claim. For due diligence, you'll receive a payment guarantee upon completion of your personal injury case. If the tax authorities do issue you a tax assessment, we'll work with the opposing party to ensure the assessment is processed correctly, ensuring your compensation remains a net payment.

The legal costs of engaging our firm, also known as extrajudicial costs, are recovered from the other party's insurer. The law stipulates that the reasonable costs of this professional assistance must be reimbursed by the liable party. If you hadn't had an accident, you wouldn't have needed to hire a lawyer and could have saved money. Therefore, this falls under damages for which compensation can be claimed.

Unfortunately, it often happens that a case requires more time and effort than the insurer is willing to reimburse. Our firm's policy is that any restrictions imposed by the insurer on reimbursement of reasonable costs must not be detrimental to the victim. Therefore, we will cover any legal costs the insurer chooses not to reimburse. This ensures you receive the right expert assistance in recovering your damages.

Payment of your compensation can take a long time. We will therefore claim statutory interest on your behalf. The statutory interest is set by the government at a fixed percentage.

Statutory interest is paid by the other party from the date the damage occurred. This is usually the date of the accident, but you can also incur costs later.

The other party must compensate you for all your damages. This means that all your losses, all additional costs and expenses, and all lost income, including wages, undeclared work, bonuses, lost profits, holiday pay, etc., must be compensated. In short: all damages caused by someone else's fault must be compensated.

We'll work with you to map out all your damages and recover these from the other party. We'll also recover our costs from the other party, ensuring you receive the compensation you're truly entitled to.

Have you suffered personal injury and want to claim compensation? Or do you have another issue to discuss? Contact us for a free, no-obligation consultation to discuss your options. This will help you avoid missing out on compensation for all your damages.

You can contact an experienced personal injury lawyer by phone at 030 269 0063 or through our contact form. We're happy to help.