Compensation after an assault and compensation for pain and suffering for victims

23 September 2026

Arslan Advocaten

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Compensation after an assault and compensation for pain and suffering for victims

After an assault you may suffer physical complaints, fear and financial loss. There are several routes to seek compensation: a claim against the offender in the criminal proceedings, civil proceedings and possibly a payment from the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven). Which route is suitable depends on the evidence, the criminal case, the loss and whether you can actually get paid.

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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of practice areas for employment law and personal injury. Last updated: 17 September 2026.

A conviction is not required for every route. Nor does an amount awarded by the court always mean that you will receive it straight away. That is why it is important to consider separately whether a claim can be awarded in law and whether it can actually be recovered. Below you will read which documents help, which heads of loss are relevant and how to prevent different procedures from becoming entangled.

In brief

After an assault there are three routes: joining the criminal proceedings as an injured party, civil proceedings against the offender, and the Violent Offences Compensation Fund.
Joining the criminal proceedings involves no court fees and runs alongside the criminal case, but speed is not guaranteed: an adjournment, an appeal or a declaration of inadmissibility may in fact lengthen the route. Moreover, the criminal court only deals with claims that do not place a disproportionate burden on the criminal proceedings.
Collection by the CJIB (the Central Judicial Collection Agency) and the advance payment scheme belong to an imposed compensation order, not to every claim that is awarded. If such an order has been imposed and the offender has not paid, or not paid in full, eight months after the judgment has become final, the State pays out the remaining amount and recovers it from the offender itself.
The Fund provides a contribution, not full compensation, and does not require the offender to have been convicted.
Psychological consequences count, but keep two things apart: compensation for pain and suffering (smartengeld) for the harm itself, and the treatment and consequential costs (therapy, lost income) as material loss. Do not count the same consequences twice. See psychological injury and compensation for pain and suffering.

The three routes side by side

Which route is suitable depends on the criminal case, the evidence and whether the offender has the means to pay. Two routes are often possible at the same time.

	Joining the criminal case	Civil proceedings against the offender	Violent Offences Compensation Fund
What do you receive?	Compensation for the loss connected with the proven offence	Full compensation, if you prove liability and loss	A fixed-rate contribution, not full compensation
Is a conviction required?	Yes, there must be a criminal case against the offender	No, but you must know the offender and be able to hold them liable	No; also if the offender is unknown or has not been convicted
What does it cost?	No court fees; you can join yourself using the claim form	Court fees and usually the cost of legal representation	No charge for the application
How long does it take?	Runs alongside the criminal case; an adjournment or appeal extends it	Usually the longest route	Its own processing time, separate from the criminal case
Limits of the route	The claim must not place a disproportionate burden on the criminal proceedings; otherwise it is declared inadmissible	The practical limit is recoverability: a judgment is of little value if the offender has no means to pay	Only for serious physical or psychological injury caused by an intentional violent crime
Who collects?	If a compensation order is imposed: the CJIB, with the advance payment scheme after eight months	You yourself, through a bailiff	The Fund pays you directly
Time limit	Up to and including the hearing; submit in good time through Victim Support Netherlands	Five years after becoming aware of the loss and the offender; for a criminal offence, that period continues to run for as long as the right to prosecute exists	Ten years after the crime
Form	Claim form via Victim Support Netherlands (Slachtofferhulp Nederland)	Writ of summons or application through a lawyer	Application to the Violent Offences Compensation Fund

A payment from the Fund is offset against what the offender pays later; the same loss is not compensated twice.

Safety and appropriate help come first

If the violence is still continuing or there is immediate danger, safety comes first. In the event of an acute threat, contact the emergency services. Have your injuries properly assessed by a doctor and seek support if you feel unsafe. A compensation claim is not intended as a substitute for protection or treatment.

Keep information about the incident as soon as you can. Think of messages, photographs, witness details and medical correspondence. You do not need to contact the offender yourself to obtain an admission. Discuss with the police or a support worker how evidence can be kept safely.

Victim Support Netherlands can offer support with the consequences of the crime and with questions about compensation. In addition, a lawyer can assess which legal route suits your case. Agree who will deal with which part, so that you do not have to provide the same information over and over again.

Reporting the assault and evidence

Reporting the offence to the police can be an important step for the criminal investigation and for recording the incident. Describe what you experienced yourself and hand over relevant documents. A police report is a piece of evidence, but on its own it does not automatically prove that every civil head of loss must be awarded.

Medical records can support which injuries were established shortly after the incident. Photographs can show visible injuries. Witness statements and messages can help to reconstruct the course of events. Keep original files and do not alter images or messages.

If information is missing, it is useful to state specifically what can still be obtained. Think of camera footage from a bar, restaurant or shop. Request in good time that it be preserved through an appropriate channel. It is not always possible to receive footage directly, partly because of privacy and ongoing investigations.

Claiming compensation in the criminal proceedings

If the offender is prosecuted, a victim may, subject to conditions, claim compensation in the criminal case as an injured party. The loss must be sufficiently connected with the offence being dealt with in the criminal case. The claim must be submitted in good time and be adequately substantiated.

A clear structure helps: for each head of loss, the amount, the period, an explanation and the evidence. Separate material loss from compensation for pain and suffering. Do not automatically include every unpleasant consequence as a separate amount; a legal basis and substantiation remain necessary.

The criminal court may award a claim in whole or in part, reject it or declare it inadmissible. Particularly where the questions of loss are complex, dealing with them in the criminal proceedings may be too burdensome. What that means for any subsequent civil route depends on the decision. Have the exact judgment assessed, not just the oral summary.

Inadmissible is not the same as rejected on the merits

If a claim cannot be dealt with on its merits in the criminal case, civil proceedings may sometimes be necessary. A declaration of inadmissibility does not automatically mean that there is no loss or liability. It may be connected with the limits of the criminal proceedings.

A rejection on the merits may have different consequences. The reason for the decision and the available legal remedies are then important. Do not submit the same claim again without advice, as if nothing had been decided. Time limits for an appeal or other steps can also be short.

Keep the full judgment and the claim you submitted, together with its annexes. This makes it possible to examine which heads of loss have been assessed and what scope remains. A precise breakdown prevents you from claiming twice or, conversely, from overlooking a claim that is still outstanding.

A civil claim against the offender

Civil proceedings may be appropriate if the matter is not properly dealt with in the criminal proceedings or if the loss is too complex. In those proceedings, liability, the causal link and the extent of the loss are assessed. A criminal conviction can be significant as evidence, but the civil assessment of the loss still requires attention.

Even without a conviction, a civil claim can sometimes be explored. A dismissal (the Public Prosecution Service drops the case) or an acquittal must, however, be carefully taken into account in the assessment. The reason for it and the available evidence are important. It is wrong to assume either that the claim is automatically hopeless or that it will automatically succeed.

Civil proceedings involve costs and time. Discuss the prospects of success, evidential problems and recoverability beforehand. A favourable judgment is of less practical value if the offender has no means to pay and no applicable collection scheme is available. That consideration is part of choosing the route.

What the Violent Offences Compensation Fund does

Subject to conditions, the Fund provides a financial contribution for serious physical or psychological injury caused by an intentional violent crime. It is not a full calculation of all civil loss. The scheme has its own conditions and its own assessment. A criminal conviction is not always required.

According to the Fund’s current information, an application must in principle be made within ten years of the crime; a later application must be supported by a good reason. The place where the crime was committed, the seriousness of the injury and any contribution of your own are also relevant. Check the conditions on the official application page.

An application can be examined while it is not yet clear what the offender or an insurer will pay. Report other payments correctly and follow the instructions on overlapping payments. The conditions of the Violent Offences Compensation Fund help to determine which information your application requires.

The contribution is not full personal injury compensation

Civil loss may consist of a large number of separate heads of loss, whereas the Fund uses its own system. A contribution therefore does not mean that all your future costs or loss of income have been compensated. Nor is it an automatic finding on the full liability of a specific person.

Keep the decision and the underlying information. If a payment is later made by the offender or under another scheme, it must be assessed how that payment relates to the earlier contribution. The same loss should not be compensated more than once without assessment.

Have the various amounts included in a single overview. For each payment, state the basis, the date and the heads of loss it covers. This enables your representative to prevent a civil settlement, a payment from the Fund or an insurance payment from being offset incorrectly.

Medical costs and other material loss

Material loss may consist of your own healthcare costs, damaged clothing or glasses, travel expenses and necessary help. Not every expense after the incident was automatically caused by the assault. Keep proof and explain the connection. For healthcare costs, the reimbursement statements from your health insurer are also important.

Sometimes you need help with household tasks or personal care. Describe what you did yourself before the incident and what additional help is needed now. Unpaid help from family members may also be relevant, subject to conditions. The legal assessment differs according to the type of help and is not automatically equal to the helper’s wages.

A necessary house move, security measures or other far-reaching measures require a separate assessment. Their reasonableness, necessity and connection with the incident must be properly substantiated. Where possible, seek advice before incurring major expenses, without delaying necessary safety measures.

Loss of income after violence

Physical or psychological complaints can affect your work. For loss of income, the likely situation without the assault is compared with the income actually received. An employee gathers payslips and information about sickness absence; a self-employed person must also show assignments, costs and business results.

A medical limitation and a financial head of loss are not the same thing. It must be explained why your complaints make certain work impossible and what effect that has on your income. A benefits decision may contain relevant information, but it is not in itself the full civil calculation.

Where the consequences are long-term, career progression and pension accrual may deserve attention. These heads of loss require substantiation and must not be added as a fixed percentage. Discuss future loss in good time, especially if a quick settlement is proposed while a return to work is still uncertain.

Compensation for pain and suffering after an assault

Compensation for pain and suffering (smartengeld) is compensation for non-pecuniary loss, such as pain, fear and loss of enjoyment of life. There is a statutory basis for it in the case of physical injury. Where there are psychological consequences without physical injury, the legal assessment requires additional attention to the nature and seriousness of the harm.

Relevant factors for the amount include the injury, the recovery period, treatment, permanent limitations and the circumstances of the violence. Describe the consequences for your daily life in concrete terms. Problems with sleeping, going outside or social contacts should not merely be mentioned but, where possible, linked to relevant information.

There is no fixed amount per blow or per day of fear. A comparison with case law must take account of the facts and any other injuries. Do not merely state a desired round figure; have it explained why an assessment is appropriate. That makes the claim easier to review.

Psychological complaints and how to substantiate them

After violence, complaints may develop that are not visible in a photograph. Discuss persistent problems with a healthcare provider. Treatment is first and foremost for your recovery. For the claim, medical information can also clarify which complaints are present and how they relate to the incident.

Your own description remains useful, but it is no substitute for a professional diagnosis where that is relevant to the question of loss. Note changes in how you function without drawing medical conclusions yourself. Statements from people close to you can support what has changed in daily life.

If the claim is disputed, independent expertise may be required. The questions put to the expert must match the legal points in dispute and deal respectfully with distressing experiences. Discuss which information is genuinely needed, so that you do not have to recount details unnecessarily that have already been carefully recorded.

Payment by the offender and the role of the CJIB

Two things are often confused. An awarded claim by the injured party gives you an enforceable title that you must collect yourself, for example through a bailiff. If the criminal court also imposes a compensation order, the State takes over collection and the CJIB collects from the offender. Only in the case of that order does the advance payment scheme apply: if the offender has not paid, or not paid in full, eight months after the judgment has become final, the State pays out the remaining amount and pursues recovery itself. For violent and sexual offences, that advance payment is not capped; for other offences, a maximum does apply. A civil judgment does not fall under this route. See the explanation from the Dutch government on compensation for victims.

Therefore check exactly what the judgment says: was only a claim awarded, or was an order also imposed? Which heads of loss and amounts are included? Keep correspondence about payments and report changes in accordance with the instructions. A lawyer or victim support worker can explain which further steps are possible.

With a civil claim, a bailiff may be needed for enforcement. Investigate beforehand whether recovery is possible and what costs are involved. The fact that the offender has no money is not proof that you have no legal entitlement, but it does affect the practical assessment.

Fictitious example of three routes

After an assault, a victim is left with a broken jaw and time off work. The criminal case is still pending. Medical records and costs are gathered, while it is examined whether an application to the Fund is possible. This is a fictitious example, not a client story.

For the criminal case, a clear claim is prepared containing adequately substantiated heads of loss. A complex claim for future loss of income may require further investigation. If it cannot be dealt with in the criminal proceedings, it must be assessed what civil scope remains.

Any payments from the Fund and compensation received later are kept in a single record. This keeps it clear what has already been paid and on what basis. The example shows that routes can be explored side by side, but should not be pursued without coordination.

Preparing an overview of loss for the criminal case

A claim in the criminal proceedings is easier to assess when each head of loss is clearly explained. State what you are claiming, for what period and which evidence supports it. Keep medical costs, income, damaged belongings and compensation for pain and suffering recognisably separate. Number the annexes so that the reader can find the supporting evidence.

Also make clear which loss has already been paid. Think of a payment from an insurer, payment by the offender or a contribution through another route. Overlapping payments may affect what is still being claimed and any later offsetting. Leaving out payments can cause unnecessary disputes.

For future loss, it is important to distinguish between certainty and expectation. A treatment that has already been planned and costed requires different substantiation from a possibility on which no medical advice has yet been given. Discuss which parts are suitable for the criminal case and which may require a different route.

Check the instructions and time limits you receive from the authorities involved. A general website is no substitute for a specific summons or notice in your case. Ask for help in good time if the form or the calculation is difficult. This prevents relevant loss from being overlooked merely because it was presented incompletely.

Keep an exact copy of what you submit and of any later additions. If part of the claim is not dealt with on its merits, that record is important for assessing further options. The meaning of a decision must always be derived from the reasoning, not merely from the statement that an amount has not been awarded.

The statutory routes to compensation after violence

Each route has its own statutory basis and its own conditions:

Article 6:162 BW: assault is a tort (unlawful act) under the Dutch Civil Code (BW); the offender must compensate your loss. This is the basis both for joining the criminal proceedings and for civil proceedings.
Article 6:106 BW: compensation for pain and suffering. In an assault there is usually physical injury, in which case the law directly grants a right to compensation to be determined on an equitable basis. If there is no physical injury, the claim falls under the category of being “otherwise harmed in one’s person”. A stricter test applies: this is in any event the case where there is mental injury that can be established by objective standards, and in addition the nature and seriousness of the breach of the norm and of its consequences may mean that the test is nevertheless met (HR 15 March 2019, ECLI:NL:HR:2019:376). Fear that exists merely on your own account is therefore not enough; specific information about your psychological condition is needed.
Article 51f Sv: under the Dutch Code of Criminal Procedure (Sv), anyone who has suffered loss directly as a result of a criminal offence may join the criminal proceedings as an injured party. This involves no court fees.
Article 36f Sr: the compensation order under the Dutch Criminal Code (Sr): the court orders the convicted person to pay the State for the benefit of the victim, to the extent that the convicted person is liable under civil law. The State pays the amount collected to you without delay.
Article 6:4:2(7) Sv: the advance payment scheme: if the convicted person has not paid, or not paid in full, eight months after the judgment has become final, the State pays the remaining amount to the victim and then recovers it from the convicted person itself. The law limits this payment to victims and surviving relatives who are not legal entities. Whether an upper limit also applies in practice depends on the type of offence; ask the CJIB or have it checked for your specific case.
Section 7 of the Violent Offences Compensation Fund Act: an application must be submitted within ten years of the day of the crime. A later application will nevertheless be considered if it was submitted as soon as was reasonably possible.

The articles have been checked on wetten.overheid.nl. The routes are not mutually exclusive, but you will not receive compensation for the same loss twice: amounts received are offset against one another.

Frequently asked questions about compensation after an assault

Must the offender have been convicted before I can apply for anything?

Not for every route. The Fund sets its own conditions, and a civil assessment can sometimes take place without a conviction. The reason why there is no conviction and the available evidence are, however, important.

Can I claim compensation for pain and suffering for fear without a visible wound?

You can, but the bar is higher than for physical injury. The Supreme Court of the Netherlands (Hoge Raad) then in principle requires mental injury that can be established by objective standards, substantiated with specific information; in addition, the nature and seriousness of what was done to you and its consequences may in themselves be sufficient. A statement from your GP, psychologist or therapist is therefore often decisive. Fear alone does not entitle you to a particular amount.

Is a payment from the Fund the same as compensation for pain and suffering?

No. The Fund has its own contribution and conditions. A civil claim may cover separate material and non-pecuniary loss. The relationship between payments must be assessed to avoid incorrect double counting.

What does inadmissible mean in the criminal case?

That the claim is not dealt with on its merits in those proceedings. Sometimes a civil route may be available. The exact decision and the reason for it are decisive; have the judgment assessed before you take a further step.

Do I need to know the full extent of my loss when I first report it?

No. You can report the incident and the known loss while your recovery is still ongoing. Procedural rules and time limits do, however, apply to a formal claim and any supplementary claim. Keep track of developments and seek advice in good time about the right moment to submit.

Can I get help with the cost of a lawyer?

Possibly. There are rules on subsidised legal aid, and special options exist for certain victims. The conditions must be assessed in your situation. Ask beforehand for a clear explanation of cover, your own costs and the work involved.

What happens if the offender has no money?

If a compensation order has been imposed, the CJIB collects the amount. If the offender has not paid, or not paid in full, eight months after the judgment has become final, the State pays the remaining amount to you and recovers it itself. In addition, the Violent Offences Compensation Fund may provide a contribution, even if the offender is unknown or unable to pay.

How long do I have to take action?

For a civil claim, the limitation period is in principle five years from the day after you became aware of both the loss and the liable person. For loss caused by injury or death, there is no absolute limit of twenty years; for these cases it was abolished with effect from 1 February 2004 (Article 3:310(5) of the Dutch Civil Code). Only if the violence took place before that date may the twenty-year period still play a role (Article 119c of the Transitional Act for the new Civil Code). Moreover, a claim against the perpetrator of a criminal offence does not become time-barred for as long as the right to prosecute has not lapsed (Article 3:310(4) of the Dutch Civil Code). For the Fund, the time limit is ten years after the crime.

Can I join the proceedings without a lawyer?

Yes, you can join using the claim form of Victim Support Netherlands, and it involves no court fees. In the case of injury with permanent consequences, loss of income or a disputed course of events, legal assistance is advisable: an inadequately substantiated claim may be declared inadmissible, after which you will still have to go to the civil court.

Discuss your options with Arslan Advocaten

Arslan Advocaten can assess with you which compensation route is suitable and which evidence is still needed. If available, bring the details of your police report, medical information, correspondence about the criminal case and an overview of your loss. We will discuss the next steps and fee arrangements with you.

Read more about personal injury or get in touch to discuss your situation.