Do I have the right to compensation in case of personal injury?

26 September 2025
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Do I have the right to compensation in case of personal injury?

After a traffic accident, work accident or another mishap, many victims ask themselves the same question: Am I entitled to compensation? The answer depends on the circumstances of the accident, the liability and the damage you have suffered.

In this article, we explain when you are entitled to compensation, which damage items are eligible and how you avoid missing out on money.


When are you entitled to compensation?

In most cases, you are entitled to compensation if:

  • You have suffered injuries from an accident

  • Someone else is (partially) responsible for the accident

  • You suffer damages as a result (loss of income, medical costs, domestic help, etc.)

It is important that the counterparty is held liable. This is often handled through their insurer. As soon as the liability is acknowledged, we can claim the full compensation on your behalf.


Burden of proof in case of personal injury

In the Netherlands, the principle is: the claimant must provide proof. This means that you must prove that your complaints and damage were caused by the accident. You can do this, among other things, with:

  • medical reports,

  • witness statements,

  • photos of the accident situation,

  • and financial documents (payslips, receipts, invoices).

In some situations, the burden of proof is reversed and the counterparty must prove that your complaints would have arisen even without the accident. This is often the case with medical or traffic accidents.


What damages are covered?

You are entitled to compensation for both material damage and non-material damage (compensation for pain and suffering).

Examples of material damage:

  • loss of income due to disability

  • medical costs outside health insurance

  • travel costs for hospital visits

  • domestic help and informal care

  • childcare and study aid

Non-material damage (compensation for pain and suffering):

This is compensation for pain, grief and loss of enjoyment of life. The amount depends on the severity and duration of your injuries.


Examples from practice

  • Traffic accident: A client sustained neck and back injuries in a rear-end collision. The insurer only wanted to reimburse physiotherapy costs. Thanks to our intervention, he also received loss of income, compensation for pain and suffering and domestic help.

  • Work accident: A worker fell from a ladder during working hours. His legal insurance wanted to settle the case quickly. When we took over the case file, the damage turned out to be much higher. In the end, he received a full compensation, including future loss of income.


Our unique approach: lawyers and NIVRE experts

At Arslan Lawyers you benefit from something unique in the Netherlands: we combine the legal expertise of specialist personal injury lawyers with the practical knowledge of NIVRE register experts.

  • Our lawyers negotiate with insurers and assist you in procedures.

  • Our NIVRE experts know exactly how damage items are calculated and which strategy works best in settling the claim.

Together they ensure that you not only stand strong legally, but also maximally in the financial aspect of your damage claim.


Checklist: How to know whether you are entitled to compensation

✅ Have you been injured in an accident?
✅ Is someone else (partially) responsible?
✅ Have you incurred costs or loss of income as a result of this?
✅ Can you prove this with evidence (medical, financial, witnesses)?

Can you answer all these questions with ‘yes’? In that case, you probably have the right to compensation.


Frequently Asked Questions (FAQ)

1. Do I have to pay myself for legal assistance with personal injury?
No. The opposing party’s insurer must pay the costs of your lawyer and NIVRE expert. So you are left with 100% of your compensation.

2. How quickly do I receive money after an accident?
As soon as liability has been acknowledged, we can usually arrange an advance payment within a few weeks.

3. What if my current lawyer or legal assistance insurer does not do enough?
You can always switch. We regularly take over case files and ensure that clients still receive a higher compensation.

4. How long does it take to claim a personal injury?
Minor cases are sometimes settled within a few months. For persistent injury or complex situations, it might take longer.


Conclusion

Have you suffered personal injury? Then you are often entitled to compensation. But practice shows that victims without good help often get too little or miss important damage items.

At Arslan Lawyers, we take care of everything for you. Thanks to the collaboration between our lawyers and NIVRE-register experts, we know exactly how to approach insurers and what damage you could be compensated for.

👉 Contact us today for a no-obligation conversation. We arrange the course, so you can focus on what is really important: your recovery.

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