A personal injury claim in the Netherlands concerns the losses caused by an accident or another event for which someone is legally responsible. Keep evidence of the event, your symptoms and expenses. The legal basis and burden of proof depend on the situation, including whether it concerns a road accident, an accident at work or medical treatment.
For additional general information, see Victim Support Netherlands information for victims.
An accident has a big impact. Besides pain and worry, you often also face unexpected expenses or lost income. It’s only logical that you then want to know: how do I file my personal injury claim and receive fair compensation?
In this article, the personal injury lawyers of Arslan Advocaten explain step by step how filing a personal injury claim works, which losses you can recover, and why it is wise to seek legal help.
What is a personal injury claim in the Netherlands?
Personal injury claim means that you recover the costs and losses you suffered due to an accident from the liable party. This can, for example, be a motorist, an employer in a workplace accident, or a doctor in the case of a medical error.
It’s not only about the losses you notice immediately, but also about future losses. Think of lost income, ongoing medical expenses, or modifications to your home in the event of permanent injury.
What damages can you claim?
Many victims primarily think of medical costs when it comes to personal injury. But the categories of damages are often much broader:
- Medical costs: reasonable treatment expenses, medication, aids and other recoverable costs linked to the injury.
- Lost income: loss of earnings or business income, supported by employment or business records.
- Travel and help: relevant travel costs, household assistance and care.
- Adaptations: necessary changes to a home or vehicle where the injury justifies them.
- Pain and suffering: compensation where the legal conditions are met; there is no fixed amount for every injury.
A good personal injury lawyer ensures that all types of damages are included, including those you might not have thought of yourself.
How does a personal injury claim work?
Claiming personal injury compensation involves several steps:
- Assess liability. Identify the responsible party and applicable legal rules. Notify the party or insurer and preserve evidence. If liability is disputed, discuss what further proof or legal steps are needed.
- Document the consequences. Keep receipts, income records and a clear account of your limitations. Medical information should be requested and assessed in a way appropriate to the claim and your consent.
- Request an advance where justified. An interim payment can help with losses already established. Its availability and timing depend on liability, evidence and the insurer’s response.
- Assess future losses before settlement. A final settlement needs to take your prognosis and relevant future consequences into account. The liable party or insurer pays the agreed or awarded compensation.
Illustrative examples of injury losses
These are hypothetical examples, not reported case results. An injured cyclist may claim treatment expenses and lost income. A cleaner injured at work may need help at home. A self-employed person may need to substantiate lost profit with accounts and information about the work they could no longer perform. The recoverable amount depends on liability, causation and proof.
Legal help and costs
A personal injury lawyer can assess liability, organise the evidence, identify relevant losses and negotiate with the insurer. Our lawyers and legal team can coordinate medical advice with MEDICA where relevant to your case.
The first assessment is free. Where another party is liable, reasonable legal costs are in principle recovered from that party or its insurer under Article 6:96(2) of the Dutch Civil Code. If that route is not available, we first check eligibility for subsidised legal aid (toevoeging). Otherwise, we can discuss a no cure no pay arrangement where the professional rules and your case permit it.
We will never charge you costs without prior discussion and your approval. Any arrangement, including what it covers, is agreed with you in advance. Ask us to assess your injury claim, even if you do not yet have every document.
Official information: Netherlands Bar: conditions for result-related fees in injury cases.
Checklist after an accident
📸 Take photos of the accident scene.
👩⚕️ See a doctor and make sure your injuries are properly documented.
🧾 Keep all receipts and invoices.
📞 Contact a personal injury lawyer as soon as possible.
Frequently asked questions
Can I contact a lawyer before the insurer accepts liability?
Yes. A lawyer can help assess the legal basis, identify evidence and respond to the insurer’s position. You do not need to have a complete file before the first assessment.
When can I receive an advance payment?
An advance can be requested for established losses. There is no single payment deadline for every claim; liability, supporting evidence and the handling of the claim all matter.
How long does a personal injury claim take?
That depends on liability, recovery and the consequences for your work and daily life. A permanent injury may require further medical assessment before future loss can be estimated responsibly.
What should I send for the first assessment?
Start with the accident date and location, a short account of what happened and any insurer correspondence or deadline. We will agree with you how relevant medical documents should be shared.
Help near you, in English
See our Rotterdam personal injury team or Amsterdam personal injury team. Explain your situation in English and we can discuss the next step.
