When it comes to personal injury, it is not just about medical costs or loss of income. Often the impact is much greater. Pain, grief, anxiety, shame or loss of enjoyment of life cannot be expressed in receipts. Yet this damage can be compensated. This is what we call non-material damage, also known as pain and suffering compensation.
In this article, we explain in detail what non-material damage is, when you are entitled to compensation, how the amount is determined and what you can do to safeguard your claim.
What is non-material damage?
Non-material damage is damage that is not directly financially measurable. It concerns the negative consequences that an accident or error has for your well-being and quality of life.
Examples of non-material damage include:
- physical pain;
- psychological suffering;
- anxiety complaints;
- sleep problems;
- loss of enjoyment of life;
- shame or insecurity due to scarring;
- loss of independence.
This damage is compensated with a monetary amount: pain and suffering compensation.
What is pain and suffering compensation?
Pain and suffering compensation is the financial compensation for non-material damage. The purpose is not to undo the suffering — that is impossible — but to provide recognition for what you have been through.
Pain and suffering compensation is separate from other types of damages such as medical costs or loss of income. You can therefore receive compensation for both.
When are you entitled to non-material damage compensation?
You are entitled to compensation for non-material damage when:
- you have sustained physical or psychological injury;
- the damage was caused by another party;
- that party is legally liable.
This can be the case, for example, with:
- a traffic accident;
- a workplace accident;
- a medical error;
- a dog bite;
- violent crimes;
- serious psychological damage caused by work.
Non-material damage in cases of psychological injury
Non-material damage does not always have to be accompanied by visible physical injury. Psychological injury can also lead to pain and suffering compensation.
Consider:
- anxiety disorders;
- depressive symptoms;
- post-traumatic stress symptoms;
- burn-out caused by an accident or error.
However, it is important that the psychological injury is sufficiently substantiated, for example with medical statements.
How is the amount of non-material damage determined?
The amount of pain and suffering compensation is not calculated using a fixed formula. Instead, all circumstances of the case are considered.
Important factors include:
- the severity of the injury;
- the duration of recovery;
- permanent limitations;
- the impact on daily life;
- the age of the victim;
- the degree of fault of the liable party.
Permanent injury and non-material damage
In cases of permanent injury, pain and suffering compensation is usually higher. Permanent pain, loss of function or scarring have a long-lasting impact on your life.
In cases of permanent psychological damage, such as anxiety or trauma, a higher compensation may also apply.
Non-material damage involving children
Non-material damage involving children is taken extra seriously. After all, injury can have major consequences for development, self-image and the future.
Therefore, children are often awarded higher compensation than for comparable injury in adults.
Insurers and pain and suffering compensation
In practice, we see that insurers regularly try to downplay non-material damage. They may claim, for example, that complaints are minor or that recovery was quick.
That is precisely why it is important to have your complaints properly documented and to seek legal advice.
Evidence of non-material damage
Although non-material damage cannot be measured in euros, evidence does play an important role. Consider:
- medical reports;
- reports from psychologists or therapists;
- diaries or personal statements;
- statements from loved ones;
- photos of injuries or scarring.
These documents help to make the impact of the injury visible.
Can non-material damage be reduced due to contributory negligence?
Yes. When there is contributory negligence, compensation for non-material damage can also be reduced. However, this does not happen automatically and depends on the circumstances.
In cases of serious consequences, a substantial part of the pain and suffering compensation often remains intact.
Limitation period for non-material damage
A claim for compensation for non-material damage usually expires after five years from the moment you know that you have suffered damage and who is liable for it.
Different rules apply to minors.
What should you do to receive pain and suffering compensation?
If you want to receive compensation for non-material damage, it is important to act promptly and carefully.
- have your complaints medically documented;
- keep track of the impact the injury has;
- keep medical and personal documents;
- have liability assessed;
- seek legal assistance.
More practical information can also be found on our page personal injury lawyer.
Does legal assistance cost me money?
In case of personal injury, the costs of legal assistance are in most cases recovered from the liable party or their insurer. As a result, you as a victim bear no net financial risk.
Why choose Arslan Advocaten?
We have extensive experience in recovering non-material damage and know how insurers try to limit pain and suffering compensation. We ensure a realistic and maximum compensation, based on your personal situation.
Would you like to know how much pain and suffering compensation you could potentially receive? Please feel free to contact us for a no-obligation assessment of your case.