It can happen to anyone: getting injured during an accident or due to a medical error.
It can happen to anyone: getting injured during an accident or due to a medical error. According to the law the victim is entitled to a complete compensation of the damages. But what damages are we exactly talking about?
Damage to possessions
This kind of damage concerns damage to goods and possessions you had on you during the incident, for example damaged clothing, car, phone etc.
If you have to be admitted in a hospital, revalidation center or nursery, you are entitled to a time compensation. This consists of a set amount per day of admittance, annually established by the Personal Injury Council. This money is meant to cover the costs of being in hospital, renting a television, parking costs of visitors and costs of magazines.
This does not only cover travel expenses of the victim for appointments with medical practitioners and advocates, but also travel expenses of close family members for visits to the hospital or revalidation center. The Personal Injury Council also establish this amount annually. Of course parking costs can also be covered.
Extra telephone/postal charges
Also extra costs because of telephone calls with for example medical experts or your attorney can be eligible for compensation. The same goes for postal charges.
Medical expenses/healthcare costs
Medical expenses that are not, or only partially, covered by your health insurer, are qualified to be compensated. This not only includes treatments by medical practitioners, but also the purchase of medicins or medical devices. The own risk can also be a damage.
If study delay occurs, the extra costs for study are also eligible for compensation. Also the fact that you can enter the labour market later, can be compensated. The Personal Injury Council has written guidelines for such situations.
Loss of labour capacity
Complete or partial disability to work often comes with financial consequences, for example because your work does not continue to pay your total salary or because you miss out on bonuses. Pension loss will also occur. While calculating such damage, missed career opportunities will also be taken into account.
Expenses for household support
If you cannot fully take care of your household because of the incident, you may use external help. Either from friends and family, but also for example home care. The Personal Injury Council has also set out guidelines for these situations.
Degree of independence
This damage is not about support in the household, but about help for chores in and around the house. It is about painting, gardening, washing the car, moving, etc. The extra man power (not the material) you require, is up for compensation.
Facilities/adjustments to the house
Your home situation might have to be adjusted after the incident, like placing a stair lift or adjusting the kitchen or bathroom. The responsible party has to pay for such costs, insofar these are not yet compensated by your municipality on the basis of the Wet Maatschappelijke Ondersteuning (Law Social Support).
Expenses connected to staying at home
You might be home more after the incident. This will lead to higher expenses. This damage concerns additional electricity, gas and water costs, but also about telephone charges and extra expenses on food.
As a victim, you are entitled to exemplary damages or, in other words, compensation of immaterial damage. It concerns a financial compensation for suffering or grief, pain, sorrow, missed joy in life and mental suffering as a consequence of the incident. The amount or exemplary damages is determined by the nature and seriousness of the injury. The amount is determined on the basis of the Exemplary Damages Guide, that should contain ‘comparable situations’. In the Netherlands exemplary damages are not high and only a plaster on the wound.
If you can maintain your job after the incident, there appears to be no loss of income. However, this can change if you lose your job later, for any reason whatsoever. The injury can lower your chances on the job market. This economic vulnerability can be expressed in money, but it is also possible to cover it with a reservation.
From the moment that the damage is suffered, the responsible party has to pay interest on the damage tot he other party. The height of this interest is determined by the government.
All reasonable costs for legal assistance that you have had to make as a victim, are on the account of the responsible party, when the liability and the relation between the damage and the incident have been established.
It is advisable to keep an administration on some of the mentioned damages from the beginning, when you become a victim. Store bills and receipts as proof. After all, the damages that have been caused by someone else, have to be compensated. Our attorneys can help you with drawing up a damage statement. If you would like to know more on personal injury and damages, you can contact us. We are glad to help you.