Compensation for pain and suffering

Compensation for pain and suffering is a financial payment for the non-material damage you’ve suffered as a result of an accident. Non-material damage refers to emotional distress and psychological pain — such as sadness, anxiety, or loss of enjoyment of life — that isn’t directly visible or measurable in money. Determining the right amount for this type of damage can often be complex.

What falls under non-material damage?

• Physical and emotional pain: bodily pain or emotional suffering caused by the accident.
• Sadness or grief: emotional pain or a sense of loss.
• Fear or anxiety: psychological impact caused by the traumatic event.
• Loss of enjoyment of life: reduced quality of life due to physical limitations or ongoing mental distress.

What is material damage?

Material damage refers to tangible, measurable losses that can be directly expressed in money. This includes visible or financial damage resulting from an accident, such as a road or workplace accident.

Examples include:

• Medical expenses: doctor’s visits, hospital stays, physiotherapy, medication, and medical aids.
• Property damage: damaged or broken items such as your car, bike, phone, glasses, or clothing.
• Loss of income: reduced earnings or pension loss due to temporary or permanent incapacity for work.
• Travel costs: extra expenses for transport to medical appointments or legal assistance.
• Household help and home adaptations: costs for domestic assistance or home modifications if your injuries affect your independence.

You are entitled to compensation for pain and suffering if you have sustained physical or psychological injury caused by someone else. This may result from various situations, such as:

• Road accidents: For example, if you are involved in a collision and suffer injuries.
• Workplace accidents: When an accident occurs at work due to unsafe conditions or employer negligence.

Conditions for receiving compensation for pain and suffering

To qualify for compensation for pain and suffering, several conditions must be met:

• There must be demonstrable injury
  You can only claim compensation if you have sustained proven physical or psychological harm.
• The other party must be liable
  There must be a responsible party who can be held legally liable for the accident — or an insurance policy that covers the damage. If you were partly at fault, this may affect the amount of compensation you receive.
• There must be a clear link between the accident and the injury
  You must be able to prove that your injury resulted from the accident. This is done through proper medical documentation.
• The damage must be well substantiated
  Kracht! Letselschade helps you assess and document your damage so that you can claim the compensation you’re entitled to.
• There must be a legal basis for the claim
  Compensation for pain and suffering is awarded based on Dutch law and previous court rulings. Similar cases and past compensation amounts are used as a reference.

Determining the amount of compensation for pain and suffering is a complex process that depends on several factors — all closely related to your personal situation and the type of injury you’ve sustained.

Key factors include:

• The severity and type of your injury
• Your age
• The number and intensity of medical treatments you’ve undergone
• The duration of your recovery
• The level of pain experienced during recovery
• The impact on your daily life and work
• Whether you have permanent symptoms or chronic pain
• Whether you are partly dependent on external help or care
• The presence of visible scars or disfigurement

There are no fixed amounts for compensation for pain and suffering — every situation is unique. To estimate the possible amount, comparable cases from the past are often used as a reference. The amount you may receive depends on several factors, such as the nature and severity of your injuries, the duration of your recovery, and the lasting impact on your daily life and ability to work. The final amount can only be determined once your medical situation has stabilized.

Compensation amounts can vary widely — from around €500 for minor injuries to €350,000 or more for exceptionally severe injuries. Together, we’ll assess what level of compensation you’re entitled to in your specific situation.

The amount of compensation for pain and suffering depends on the severity of your injury and its impact on your life. Injuries are generally divided into seven categories — from minor to exceptionally severe. Below is an indication of possible compensation amounts based on the extent of the injury.

Minor injury
Examples: Grazes, light bruises
Compensation: €500 – €1,000
Impact: Quick recovery with minimal effect on work or daily life.

Mild injury
Examples: Sprained ankle, minor burns
Compensation: €1,000 – €2,500
Impact: Limited effect on daily activities with a short recovery period.

Moderate injury
Examples: Bone fractures, long-term rehabilitation
Compensation: €5,000 – €25,000
Impact: Possible temporary inability to work and lasting symptoms.

Serious injury
Examples: Complicated fractures, severe head injuries
Compensation: €25,000 – €75,000
Impact: Major impact on quality of life and ability to work.

Severe injury
Examples: Multiple fractures, partial disability
Compensation: €75,000 – €150,000
Impact: Lifelong consequences, including permanent limitations in work and daily functioning.

Very severe injury
Examples: Complete disability, severe spinal or brain injury
Compensation: €150,000 – €250,000
Impact: Lifelong need for care, with major financial and emotional consequences.

Important: These amounts are indicative. The exact level of compensation varies per person and depends on your individual circumstances.

Contact our personal injury specialists for an accurate, tailored assessment.

In most cases, compensation for pain and suffering is paid by the insurance company of the responsible party or, in some cases, by your own insurer. For traffic accidents, this is usually the car insurance of the other driver. In workplace accidents, it is often the employer’s liability insurance that covers the costs.

When the other party is found liable for your injuries, the costs of legal assistance are also recovered from the liable party. This is established in Dutch law under Article 6:96 of the Civil Code. This means that our legal assistance is almost always completely free of charge for you.

At Kracht!, we take all the legal and administrative burdens off your shoulders so you can focus on your recovery. Our team of experienced specialists ensures that your claim for pain and suffering compensation is handled correctly and efficiently. We do this through the following steps:

• 1. Determining liability
  We investigate who is legally responsible for the accident. This includes collecting evidence such as witness statements, police reports, and relevant legal documentation. We also review the coverage of your own insurance policies, such as your car or motorbike insurance.
• 2. Building your medical file
  We help you gather medical reports and statements from doctors. Together, we document the full impact of your injury to ensure your claim is properly supported. When needed, we consult our own medical advisor for an expert assessment.
• 3. Assessing your damages
  We calculate both your material damages (such as medical costs and loss of income) and your immaterial damages (pain and suffering). We make sure that no aspect of your loss is overlooked.
• 4. Negotiating with the insurer
  Our specialists handle all communication and negotiations with the insurance company of the responsible party. We aim for the maximum possible compensation and do not accept unfair offers. To prevent financial stress, we request interim payments where appropriate. Of course, we keep you fully informed of every development throughout the process.