Which heads of damage can you claim for personal injury?
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Detailed explanation, checklist and sources
You can claim more than medical costs alone. Demonstrable loss of income, necessary assistance, travel and study costs, and non-material damage may also be relevant. For each item, you must be able to explain the connection with the accident and the amount.
General information about Dutch law · Reviewed on · How we work
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Separate material and non-material damage
Material damage can be expressed financially, such as unreimbursed healthcare costs, loss of income, travel costs and costs for domestic help. Non-material damage includes pain, grief and loss of enjoyment of life; compensation for this is called pain and suffering damages. Liability does not automatically mean that every amount mentioned will be compensated.
Map current and future costs
Create an overview from the date of the accident. Note recurring costs and possible future consequences, for example further treatment, reduced earning capacity or ongoing assistance. Do not present an estimate as a fixed amount: state which information or expert assessment is still missing.
Prove each head of damage separately
Keep invoices, proof of payment, payslips, mileage or public transport records, medical appointments and statements about assistance. Track who paid the costs and whether a health insurer, employer or other party has already reimbursed anything. This prevents double counting.
Explain the connection with the injury
For each head of damage, describe why it arose from the accident or incident. Pre-existing complaints, a later event or another cause may lead to discussion about the connection. Therefore also note your situation before the incident and have medical questions assessed by an expert.
Limit further damage where reasonable
Follow appropriate treatment, provide requested substantiation and avoid preventable additional costs. You do not have to put your recovery at risk. If it is unclear which step is reasonable, seek advice before incurring costs or signing a final settlement.
Do not sign a full and final release too quickly
A final settlement may bar later claims. Therefore check whether medical recovery is sufficiently stable and whether future damage has been included. Also pay attention to limitation periods: the period depends on the facts and may require legal investigation.
Your checklist
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Tick what you have checked or collected. Note what is missing and take your overview to a meeting.
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Date, cause and liable party
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Your timeline and evidence
List events and contacts. Note where you keep the evidence; no upload is needed.
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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
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No. You only note where it is kept. No files are uploaded or sent automatically.
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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
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- Date, cause and liable party
- Medical costs and out-of-pocket payments
- Payslips and evidence of loss of income
- Travel, assistance and study costs with evidence
- Overview of compensation received
- Explanation of future damage
- Correspondence about liability
- Draft settlement or proposal for a full and final release
Frequently asked questions
Will I be reimbursed for all claimed costs?
Not automatically. Liability, the connection with the incident, the reasonableness of the costs and your evidence are relevant for each head of damage. Previous reimbursements must also be taken into account.
Is pain and suffering compensation the same as all personal injury damages?
No. Pain and suffering compensation is compensation for non-material damage. Financial consequences such as healthcare costs and loss of income fall under material damage and must be substantiated separately.
May I include future damage?
Yes, if future consequences can be made sufficiently plausible. Record uncertainties and assumptions, and have significant or lasting consequences assessed by an expert before reaching a final settlement.