Compensation can play a crucial role on the road to recovery and justice after an accident or another harmful event. The idea behind compensation is simple: it is designed to compensate a person who has suffered damage and to put them back in the position he or she would have been in if the damage had not been caused. But the reality of claiming, calculating and receiving compensation can be complex. It is influenced by many factors. This page describes the situation in the Netherlands.
Compensation and liability
Liability and the right to compensation are two fundamental concepts in liability law. Liability refers to the legal obligation to take responsibility for the consequences of your actions that cause damage to someone else. There are two main types of liability: fault-based liability and strict liability. To understand how this works, a number of terms need to be explained.
Fault-based liability and strict liability
Fault-based liability (schuldaansprakelijkheid) arises when someone acts negligently or carelessly and thereby causes damage to someone else. The point here is that someone should have behaved differently. Think, for example, of a driver who causes an accident by driving recklessly. Or a doctor who makes a medical mistake. In this case, the compensation is intended to compensate the victim for the damage suffered.
Strict liability (risicoaansprakelijkheid), on the other hand, is liability without there necessarily being any fault. Here it does not matter whether someone should have behaved differently, because what plays a role here is the relationship with whoever caused the damage. Think of parents who are liable for damage caused by their minor children, or of the owner of an animal that causes damage.
Compensation
Compensation is intended to put the victim of an unlawful act or negligence in the same position as he or she would have been in if the event causing the damage had not taken place. This can relate not only to material damage, such as medical costs, loss of income or damage to property, but also to non-material damage, such as pain, suffering or loss of enjoyment of life. Compensation is not intended to punish the person who caused the damage. That is what criminal law is for. Under criminal law, a court can, for example, impose fines or even a prison sentence.
Damage
Damage is the negative impact or loss that a person or organisation suffers as a result of an event or action. It can be both material (a tangible, financial loss) and non-material (intangible, emotional or psychological suffering). The aim of compensation is therefore to put the person who suffered damage back, as far as possible, in the position they were in before the event that caused the damage.
Financial loss
Financial loss (vermogensschade) concerns financial damage and can consist of both losses suffered and loss of profit. An example of a loss suffered is when your bike is stolen and you have to buy a new one. An example of loss of profit is when you cannot work because of a road accident and therefore have no income as a self-employed person (zzp).
Damage resulting from death
Damage resulting from death (overlijdensschade) is the damage suffered by surviving relatives when someone dies as a result of an accident for which someone else is liable. The damage can consist of funeral costs, but also of loss of maintenance, for example when the deceased was the breadwinner of the family. In addition, surviving relatives face bereavement damage (affectieschade), and sometimes there may be shock damage (shockschade).
Personal injury
Personal injury (letselschade) is the damage someone suffers as a result of a physical or mental injury, caused for example by an accident, a medical mistake or assault. This damage can consist of medical costs, the costs of domestic help, loss of earning capacity and non-material damages (smartengeld) for pain suffered and loss of enjoyment of life. Personal injury therefore consists of both material damage and non-material damage.
Duty to mitigate damage
The duty to mitigate damage (schadebeperkingsplicht) means that the victim of an event causing damage has a duty to limit the damage as much as possible. It is not the case that they can sit back and simply let the damage mount up. If they do, they may have to bear part of the damage themselves. Suppose, for example, that someone breaks their leg in an accident and decides not to go to the doctor, so that the fracture gets worse and more expensive treatment is eventually needed. In this case, the duty to mitigate damage can mean that the liable party does not have to pay the full costs of the treatment.
Equity correction
The equity correction (billijkheidscorrectie) is a correction to the calculation of compensation based on reasonableness and fairness. This means that the court can adjust the amount of compensation if, in view of all the circumstances of the case, it does not do justice to what is reasonable and fair. The equity correction can be applied, for example, if the liable party has behaved in a particularly reprehensible way.
Holding someone liable
If you suffer damage as a result of the actions or negligence of someone else, you can hold that person liable. This means that you formally state that you believe that person is responsible for your damage and that you expect him or her to compensate this damage. Holding someone liable is usually done with a letter of liability, in which you describe the situation, state why you are holding someone liable and give an overview of the damage already suffered. It is advisable to get legal help with this, to make sure the letter is legally correct. You can also use our sample letter.
All about holding someone liableBeing held liable
If you are held liable, this means that someone considers you responsible for the damage he or she has suffered. It is important to take the claim of liability seriously. You can assess for yourself whether you think you are liable and, if so, whether you want to compensate the damage. If you do not agree with the claim of liability, or if the damage is considerable, it is a good idea to get legal advice. Also contact your liability insurer. Do not admit liability before you have discussed the situation with your personal liability insurance (AVP) insurer.
All about being held liableAssessment of compensation
The assessment of damage is a crucial aspect of liability law. The claiming party must prove the extent of the damage, often with the help of documentation. Think of bills, receipts and medical reports. The court has some freedom in assessing the extent of the damage. Assessing non-material damage, such as pain and suffering, can be complex and is often based on case law. Future damage is estimated on the basis of reasonable expectations and forecasts. Statutory interest can be charged on the compensation from the moment the damage arose until the moment of full payment.
General terms and conditions and compensation
General terms and conditions can play an important role in determining compensation. They form a contractual framework that often sets limits on or exclusions from liability, and therefore also on the amount of compensation. For example, they can contain provisions on the maximum amount of compensation or specific exclusions of liability. It is important that these terms and conditions are reasonable and clear, because otherwise they can be considered unreasonably onerous and be set aside by the court. In other words, not all terms and conditions are valid. Get legal advice if you are in doubt about the validity of the general terms and conditions.
Compensation and social assistance benefit
Compensation you receive can affect your social assistance benefit (bijstandsuitkering). In many cases, compensation received is regarded as assets and can reduce the amount of the social assistance benefit or even lead to the benefit being stopped. Municipalities have quite a lot of freedom in how they deal with such compensation. In any case, it is important to always report compensation received to the benefits agency.
Role of insurance in compensation
Insurance plays a crucial role in compensation. Liability insurance covers the costs of damage that the insured person has caused to others. There is not just one type of liability insurance. It is divided into different types, such as personal liability insurance, third-party liability insurance (WA) and business liability insurance. In addition, legal expenses insurance can offer support when claiming compensation, by covering the costs of legal advice and lawsuits.
Also read: Compensation for infertility or reduced fertility.
Compensation in different situations
Damage can occur in many forms and in a wide range of circumstances. The nature of the damage can have a major influence on the right to compensation and on how it is calculated. It may involve a car accident, a medical mistake, an accident at the workplace or even a breach of contract. In each of these cases, different rules and considerations apply when claiming compensation.
Compensation from the UWV
The Employee Insurance Agency (UWV) naturally does everything it can to make the right decisions. But sometimes a decision is overturned by the court. Or the UWV adjusts the decision itself after you have lodged an objection. You may then have suffered damage as a result of this incorrect decision. You can ask for compensation for this. You must then be able to show that you suffered damage as a result of this decision. To get compensation from the UWV, you must send a letter to the UWV's Legal Knowledge Centre (Juridisch Kenniscentrum). If the UWV rejects the request in whole or in part, it is possible to obtain compensation through the administrative court.
Compensation as an asbestos victim
Asbestos victims may be eligible for compensation, for example if they have become ill because of their work. For asbestos victims with mesothelioma or asbestosis who register with the IAS (Institute for Asbestos Victims, Instituut Asbestslachtoffers), there are two schemes. These are government contributions. The TAS scheme (Regeling tegemoetkoming asbestslachtoffers 2014) is for employees or members of their household who have become ill because of asbestos. The TNS scheme (Regeling tegemoetkoming niet-loondienstgerelateerde slachtoffers van mesothelioom en asbestose) is for self-employed people and private individuals who became ill outside employment, for example in a private situation. The IAS advises the Social Insurance Bank (Sociale Verzekeringsbank, SVB), which decides on the contribution (Rijksoverheid). The IAS can mediate with the (former) employer or the insurer to obtain appropriate compensation.
More information about asbestos at workCompensation for occupational diseases
Occupational diseases, such as hairdresser's eczema or occupational asthma, can lead to serious health problems and financial damage. If the occupational disease was caused by work and the employer was negligent in taking adequate safety measures, the employer can be liable for it. In such a case, you can claim compensation for, for example, loss of income, medical costs, non-material damages and other related costs.
More information about liability for occupational diseasesCompensation for whiplash injury
Whiplash, often caused by car accidents, can lead to long-term health problems and a loss of income. If whiplash was caused by another party, for example the driver of another vehicle, you may be able to claim compensation. This compensation can cover medical costs, loss of income, non-material damages and other related costs. Proving a whiplash injury can sometimes be a challenge, but it is certainly not impossible.
More information about compensation for whiplashCompensation from the Motor Insurers' Guarantee Fund
The Dutch Motor Insurers' Guarantee Fund (Waarborgfonds Motorverkeer) steps in when the motorised party that caused an accident is uninsured, unknown or has fled after a collision. If you have suffered damage in such an accident, you can claim compensation from the Waarborgfonds Motorverkeer. You must, however, be able to prove that the damage was caused by a motor vehicle, and an attempt must have been made to establish the identity of the person responsible. If that person can be identified later, the Waarborgfonds Motorverkeer will reclaim the compensation paid from them.
More information about the Waarborgfonds MotorverkeerCompensation for a scar
Scars can cause physical and emotional damage. If a scar is the result of an accident or a medical mistake for which another party is liable, you can claim compensation. The amount of compensation depends on various factors, such as the severity of the scar, how visible it is, where it is, the age of the victim and so on.
More information about compensation for a scarCompensation for damage to pets
If your pet is injured or dies as a result of a collision or another (negligent) act by someone else, you may be able to get compensation. You then get compensation, for example, to cover the vet's bills or even to interrupt your trip. A dog groomer or a vet who has made a mistake, for example, can also be liable for damage to the pet.
More information about liability for damage to petsCompensation as a pedestrian
As a pedestrian, you are in a vulnerable position in traffic. If you are hit by a vehicle, you as a pedestrian may be entitled to compensation for the material and non-material damage suffered. There are strict rules that protect pedestrians. As a result, it may be possible to get compensation even if the driver did not really make a mistake. It must, however, involve a motor vehicle. An electric bike does not fall under this, but a speed pedelec does.
More information about compensation as a pedestrianCompensation for slipping
An accident caused by slipping can lead to serious injury and possibly even a permanent disability. If the accident happened because of negligence, such as an obstacle that was not cleared away or a poorly maintained floor, you may be entitled to compensation. This can also be the case if you slip on the public road. Sometimes the road authority can be held liable if you slip on the public road. However, this is not so straightforward.
More information about liability for slippingCompensation for dental injuries
Dental injuries can have serious consequences, both physical and emotional. If the injury was caused by an accident or by the negligence of another party, you may be entitled to compensation. This can include the costs of dental treatment, loss of income and non-material damages. If a dentist has made a mistake and caused a dental injury, the dentist can be held liable.
More information about liability for dental injuriesCompensation for complex regional pain syndrome
Complex regional pain syndrome (posttraumatische dystrofie) is a serious condition that can develop after an accident or a medical procedure. In this condition, the body tissue no longer functions normally, for example after an operation or an accident. If this condition was caused by someone else's mistake, you may be able to claim compensation. If the injury was caused by a mistake during an operation, the hospital may be held liable.
More information about liability for complex regional pain syndromeCompensation as a prisoner
Prisoners have rights, despite their imprisonment. If, as a prisoner, you suffer physical or psychological injury through negligence or violence within the prison walls, you may be able to claim compensation. It matters who caused the injury, for example another prisoner or a visitor. It may be that not enough was done to protect prisoners against each other or against visitors. In that case, too, you may be entitled to compensation.
More information about damage caused by or to prisonersCompensation for wrongful birth
Under certain conditions, it is possible to get compensation for an unwanted pregnancy. That is the case, for example, if a medical mistake is the cause of your being unintentionally pregnant with a child with a disability. In this case, you cannot be forced to terminate the pregnancy. Choosing not to terminate the pregnancy does not affect the right to compensation either. This compensation includes, among other things, the extra costs of raising and caring for the child, loss of income and non-material damage.
More information about wrongful birthCompensation for problems with the neighbours
Problems with the neighbours can range from noise nuisance to serious damage to your property. Building work at the neighbours' or vandalism by the neighbours' children can, for example, cause damage to your windows. If you suffer damage because of your neighbours' actions, you may be able to claim compensation. In the first instance, this will be compensation to repair the damage. Sometimes you can also get compensation because you have lost some of the enjoyment of your home.
More information about neighbour lawCompensation for an accident involving a train
Train accidents can have catastrophic consequences. If you have suffered damage as a result of a train accident, you can sometimes get compensation. This compensation can cover medical costs, loss of income, non-material damages and any other costs you have had to incur as a result of the train accident. Both passengers and other road users may be entitled to compensation, but bear in mind that a train in principle always has right of way, so other road users are often responsible for the accident themselves.
More information about damage from an accident involving a trainCompensation for problems with a flight
As a passenger on a flight, you have certain rights. If your flight is delayed, cancelled or overbooked, you may be entitled to compensation. This depends on the specific circumstances, such as how long the delay lasts, whether the journey is within the European Union and how long the journey is. There are standard compensation amounts, but it is also possible to prove and claim higher damage.
More information about liability for flight problemsCompensation for a tram accident
An accident with a tram can lead to serious injury. If you have suffered damage as a result of a tram accident, you can claim compensation. The liable party may be the tram driver, the transport company or another party. Bear in mind that a tram in principle always has right of way. This means it is not so easy to hold the transport company liable, but there are certainly situations in which this is possible. For example, as a passenger in an unsafe tram.
More information about compensation for an accident with a tramCompensation for an earthquake
Damage caused by an earthquake can be considerable. In principle, it is a natural phenomenon for which nobody is liable, but there are exceptions. For example, when the earthquake is caused by gas extraction in the region. Or if the damage arose mainly because a building was not built safely, so that even a small earthquake makes the building collapse straight away. In that case, the contractor may be liable.
More information about insurance and liability for earthquakesCompensation for a falling space object
Most space objects have a natural origin. If they fall and cause damage, nobody is liable for it. But there are also space objects that have been put into orbit by humans. These objects can cause considerable damage when they fall to earth. If you have suffered damage as a result of a falling space object, you can claim compensation. However, this is very complex.
More information about liability for space objectsCompensation for a death
The loss of a loved one can be devastating not only emotionally, but also financially. An income suddenly disappears and you have to live without someone you miss. If a loved one dies through negligence or an unlawful act, you as a surviving relative can sometimes claim compensation. This can include funeral costs, loss of income and non-material damages.
More information about liability in the event of a deathCompensation from the municipality
If you suffer damage through the negligence of the municipality, such as inadequate control of the oak processionary caterpillar or failing to cut down a dangerous tree, you may be able to get compensation. You will not always simply be able to get compensation from the municipality. That is because citizens also bear responsibility.
More information about the liability of the municipalityCompensation for hazardous substances
Exposure to hazardous substances can lead to serious health problems. If you suffer an injury from exposure to hazardous substances, you may well be able to get compensation. For example, if the exposure has given you serious burns or health complaints. Liability can lie with various parties. Examples are the producer of the substances, the employer or someone who dumped the hazardous substances in the environment.
More information about liability for damage caused by hazardous substancesCompensation for parking damage
Leaving a car in a car park always involves a risk. Someone may hit the car while reversing, or a door may be flung open too hard. The car may also be broken into. If it is a guarded car park, the operator of the car park may be held liable, although this is not always easy.
More information about liability for parking damageCompensation as an occupant of a vehicle
As a passenger in a vehicle, you are completely dependent on the driver's driving. If you are injured as a passenger in a road accident, you may be able to claim compensation. The liable party may be the driver of your vehicle or another road user. Or perhaps the road authority. In any case, bear in mind that you also bear responsibility yourself. For example, you may be expected not to get in with a visibly drunk driver and to wear a seat belt.
More information about liability and insurance for vehicle occupantsCompensation for fire damage
Fire damage can have serious physical and emotional consequences. If you have suffered fire damage, such as burns or damage to your home, you may be able to get compensation. The liable party may be the owner of the building or the person who caused the fire. It is also possible that an unsafe product caused the fire. In that case, the producer may well be held liable.
More information about fire damageCompensation for unsafe products
If you are injured as a result of an unsafe product, you may be able to get compensation. After all, you have suffered damage, such as medical costs you have had to incur and pain you have had to endure. The liable party is usually the producer of the product. It is, however, important that the product was used correctly. That is why it remains important to always read the producer's information and the package leaflet.
More information about product liabilityCompensation for an accident during an event
If you have an accident during an event, you may be able to get compensation. Liability can lie with the organiser of the event or with another party involved. The liability of an event organiser is regulated in a fairly complex way. For event organisers, it is in any case important to take out good liability insurance.
More information about the liability of event organisersCompensation for an injury during sport and games
Sport and games always involve some risks. The risk of an injury during sport and games is usually your own, for example if you are injured during a boxing match and are knocked unconscious. Even if the opponent breaks the rules, you may not get compensation. In some situations, you can get compensation. This has to be assessed on a case-by-case basis. The damage can consist of medical costs, missed income and compensation for pain and suffering, among other things.
More information about liability in sport and gamesCompensation for damage caused by fireworks
Fireworks can cause serious injuries, including burns and hearing damage. If you are injured as a result of fireworks, you may well be able to claim compensation. The same applies to damage to property, for example fire damage caused by fireworks. The liable party may be the person who set off the fireworks or the producer of the fireworks. The organiser of an event where fireworks are set off can also be held liable for the damage.
More information about liability for fireworks damageCompensation for Lyme disease
Lyme disease can be contracted through the bite of an infected tick. If you contract the disease while working in the garden, this is an unfortunate event and in principle you cannot hold anyone liable. If, on the other hand, you contracted Lyme disease at your workplace, such as in forestry or agriculture, and your employer did not take enough precautions, you may well be able to get compensation.
More information about liability for Lyme diseaseCompensation for poorly performed first aid
First aid can save lives, but poorly performed first aid can also cause injuries. A broken rib, for example. If you are injured by poorly performed first aid, you may be able to get compensation. Liability will then probably lie with the person who gave the first aid. The reverse is also possible: someone who did not comply with their duty to help and did not give first aid can also be held liable.
More information about liability for assistance and first aidCompensation for unfair dismissal
Employees cannot simply be dismissed. There are clear dismissal rules that must be taken into account. If an employee is unfairly dismissed, he or she is entitled to fair compensation (billijke vergoeding) in addition to the transition payment (transitievergoeding). This is a kind of compensation for the unfair dismissal. An employment lawyer can advise you on this.
Compensation for a medical mistake
If you have been injured by a medical mistake, you may be able to get compensation. Something can always go wrong during an operation or a procedure, but sometimes there is culpability. In that case, the hospital or the healthcare provider may be held liable. There is a medical mistake if the medical treatment was carried out wrongly or carelessly. Hospitals are insured for this.
Compensation from the Tax and Customs Administration
It can happen that the Dutch Tax and Customs Administration (Belastingdienst) has acted incorrectly or unlawfully, causing you damage. In that case, it is possible to ask for compensation. To do this, you submit a written request to the tax office, the Benefits Agency (Dienst Toeslagen) or Customs (Douane), depending on where the mistake was made. The Belastingdienst will assess the request and always tries to respond within eight weeks. Sometimes they will ask for additional information.
Compensation after acquittal
Suspects can be deprived of their liberty while awaiting trial and then be acquitted at the trial. Or a mistake may have been made, so that someone was wrongly convicted and wrongly imprisoned. In such cases, it is possible to ask for compensation. The request for compensation after an acquittal can be submitted by the acquitted person themselves, without the help of a lawyer. However, using a lawyer is strongly recommended.
Compensation for a hospital admission
When you are admitted to hospital after an accident, you face not only extra costs. You also cannot work, have to deal with pain and may need to ask a handyman or a cleaner to take over a number of household tasks. All of this is eligible for compensation, on condition that another party is liable for the hospital admission.
More information about compensation for a hospital admissionCompensation for the amputation of a body part
If a body part is amputated as a result of an accident or a medical mistake, you can claim compensation. This compensation is intended to cover the material and non-material damage suffered, such as medical costs, adaptations to your home and pain. Responsibility usually lies with the party that caused the accident or with the medical professional who made a mistake.
More information about compensation for an amputationCompensation for rape, sexual abuse and incest
Victims of sexual violence, such as rape, sexual abuse (ontucht) and incest, can claim compensation for the material and non-material damage suffered. This can include, for example, medical costs, psychological help and pain and suffering. The perpetrator is liable for the compensation, but if the perpetrator cannot pay, the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven) can award compensation.
More information about compensation for rape, sexual abuse and incestCompensation for a fracture
If you suffer a fracture through the negligence or reckless behaviour of another party, for example in a car accident or an accident at work, you may be able to claim compensation. This compensation can cover medical costs, travel costs to the treating doctor and pain and suffering. To get compensation for a fracture, you must show that the other party is liable for your injury. You must also make your damage plausible.
More information about compensation for a fractureCompensation for leg shortening
Leg shortening as a result of an accident or a medical mistake can lead to considerable material and non-material damage. The material damage can consist of medical costs, adaptations to your home and loss of income. The non-material damage, on the other hand, relates to things such as pain, suffering, grief and a reduced quality of life. The party that caused the accident is usually liable. Gathering evidence and proving the damage is essential to submitting a successful claim.
More information about compensation for leg shorteningCompensation for a spinal cord injury
A spinal cord injury (dwarslaesie) can have far-reaching consequences for the person affected. If a spinal cord injury is the result of an accident or a medical mistake for which someone else is liable, the person affected can claim compensation. This compensation can cover medical costs, adaptations to the living environment, loss of income and non-material damage, among other things. A lot of attention will be paid to the non-material damage caused by a spinal cord injury. On the one hand, compensation can help cover the often high costs of living with a spinal cord injury. On the other hand, this compensation should help to ease somewhat the suffering that comes with a spinal cord injury.
More information about compensation for a spinal cord injuryFrequently asked questions about compensation
The process of claiming and receiving compensation can be complex. The legal terminology can also be quite confusing. That is why we have put together a series of the most frequently asked questions to help you get a better understanding of compensation and how it works.
What is compensation?
Compensation is a payment awarded by a court or through a settlement to compensate a person for financial or non-material loss that he or she has suffered because of the actions or negligence of another party.
What are the different types of damage?
Damage can be both material and non-material. Material damage is tangible, such as loss of income or property, while non-material damage refers to things such as pain and suffering or loss of enjoyment of life.
What is the difference between fault-based liability and strict liability?
With fault-based liability, it must be shown that the damage was caused by negligence or careless conduct by the person who caused it. With strict liability, it is enough to show that the damage was caused by, for example, property belonging to the person who caused it, regardless of whether there was any negligence or fault.
What is damage resulting from death?
Damage resulting from death is the damage suffered by surviving relatives as a result of the death of a loved one through an unlawful act or negligence.
Can I claim compensation for emotional suffering?
Yes, this falls under the category of non-material damage. This damage can be compensated, although it is often more difficult to quantify this kind of damage. Previous case law is often relied on for this.
Who pays the compensation?
The compensation is usually paid by the party that is liable for the damage, or by his or her insurer if there is liability insurance that provides cover.
How long does it take before I receive compensation?
This depends on many factors, including the complexity of the case, the willingness of the parties to reach a settlement and the amount of time needed to gather evidence.