Personal injury is the collective term for damages as a consequence of personal injury and loss of dependency. It covers a broad range of injuries to you as a person, including physical and mental harm. This includes injuries suffered from traffic accidents, work-related accidents or from other causes.
Personal injury in The Netherlands
When personal injury is suffered in The Netherlands, Dutch law is usually applicable. When someone from abroad has an accident in The Netherlands, the victim is likely to settle the damages from his home country with the assistance of a personal injury lawyer from his or her own country.
In those cases, it can be helpful to get informed about Dutch law. Salva Schaderecht can be of assistance in these cases.
Salva Schaderecht is very experienced in the area of personal injury, liability and insurance law. Salva Schaderecht represents victims of personal injury.
Peter van Huizen is (since 2011) a practicing personal injury lawyer in the Netherlands. He is the founder of the law firm Salva Schaderecht, which firm assists clients who suffered personal injury. He attends and also gives legal courses within his field of expertise (personal injury, liability, insurance). Peter van Huizen finished the ‘Grotius Personenschade’ successfully (cum laude), the post academic degree program for personal injury lawyers in The Netherlands.
Salva Schaderecht can assist you with your personal injury case by providing you with a (preliminary) quantum report or with advice about Dutch law.
In the quantum report, Salva Schaderecht will inform you and/or the court about all the heads of loss under Dutch law and which of those are applicable to your case.
Heads of loss under Dutch law
The principle of full compensation or restitution in integrum is the basic principle underpinning the law of damages in the Netherlands. A person who is liable has to put the victim as far as possible in the position he would have been when the personal injury would not have occurred.
Under Dutch law, all losses caused by the accident can be claimed, as long as the losses can ‘reasonably’ attributed to the party that is liable. Under Dutch law it is also possible to claim immaterial damages, for pain and suffering.
The following heads of loss can be claimed under Dutch law.
Financial compensation for pain and suffering
The financial compensation for pain and suffering is to be determined on the basis of ‘fairness’ or ‘justice’, as best translations of the Dutch term ‘billijkheid’. In The Netherlands the parties and the court use a journal in which many case law is categorized, with regard to financial compensation for pain and suffering (‘Smartengeldgids’). This journal is helpful to determine an amount which has resemblance to similar cases.
Medical costs, such as the costs of medicine and painkillers, can be claimed. Dutch law allows recovery of all reasonable costs, incurred by the victim in relation to his recovery, taking into account all the circumstances, including what is medically necessary and the personal situation of the victim.
Loss of income
All damages as a result of the liable act which are in causal relation to this liable act should be recovered. This means that all costs as a result of a tort or breach of contract should be paid, as well as lost income. Loss of earnings can be calculated.
The claimant can claim compensation for damaged goods, such as a damaged car, damaged clothes etc. The compensation is to be determined on the value of the goods on the day of the accident.
Costs for domestic help
If the claimant was not able to do domestic work due to the injuries, then the claimant can claim for compensation of the costs of hiring a domestic worker. There is an hourly rate for the first 6 months, after that the compensation needs to be determined on the basis of the precise circumstances of the claimant. Even if the claimant did not hire a domestic worker because others (partner, family or friends) helped the claimant for free, it might be possible to claim compensation.
If the claimant hired professional help to determine liability and losses and to achieve out of court compensation, then those costs can be claimed, as long as it was reasonable to hire a professional and as long as the costs them self are ‘reasonable’.
Costs without use
If the claimant could not use any services or memberships due to the injuries, then the claimant can claim these costs as ‘costs without use.’ For example: if the claimant paid for a gym membership, but she could not go there to work out because of the injuries, then the claimant can claim those costs.
Salva Schaderecht has long experience working with clients that have suffered a loss resulting from damage or personal injury and can help you with your case. Please feel free to contact us if you have any questions. We would be pleased to share our knowledge with you.
Salva Schaderecht | email@example.com | 085 800 8080 | Jansbuitensingel 7, 6811 AA Arnhem