Personal injury is not only about medical expenses or loss of income. The impact is often far greater. Pain, grief, anxiety, shame or loss of enjoyment of life cannot be expressed in receipts. Yet this loss can be compensated. We call this non-pecuniary loss, also known as compensation for pain and suffering (smartengeld).
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 17 September 2026.
In this article we explain in detail what non-pecuniary loss is, when you are entitled to compensation, how the amount is determined and what you can do to safeguard your claim.
What is non-pecuniary loss?
Non-pecuniary loss is loss that cannot be measured directly in financial terms. It concerns the negative consequences that an accident or error has for your well-being and quality of life.
Examples of non-pecuniary loss include:
- physical pain;
- mental suffering;
- anxiety;
- sleeping problems;
- loss of enjoyment of life;
- shame or insecurity caused by scarring;
- loss of independence.
This loss is compensated with a sum of money: compensation for pain and suffering.
What is compensation for pain and suffering?
Compensation for pain and suffering is the financial compensation for non-pecuniary loss. The aim is not to undo the suffering (that is impossible) but to acknowledge what you have been through.
Compensation for pain and suffering is separate from other heads of loss such as medical expenses or loss of income. You can therefore be compensated for both.
When are you entitled to compensation for non-pecuniary loss?
You are entitled to compensation for non-pecuniary loss when:
- you have suffered physical or psychological injury;
- the loss was caused by someone else;
- that other person is legally liable.
This may be the case, for example, with:
- a road traffic accident;
- an industrial accident;
- a medical error;
- a dog bite;
- violent crimes;
- serious psychological harm caused by work.
Non-pecuniary loss in cases of psychological injury
Non-pecuniary loss does not always have to go hand in hand with visible physical injury. Psychological injury can also give rise to compensation for pain and suffering.
Think of:
- anxiety disorders;
- depressive symptoms;
- post-traumatic stress symptoms;
- burnout caused by an accident or error.
It is, however, important that the psychological injury is sufficiently substantiated, for example with medical statements.
How is the amount of non-pecuniary loss determined?
The amount of compensation for pain and suffering is not calculated using a fixed formula. Instead, all the circumstances of the case are taken into account.
Important factors include:
- the severity of the injury;
- the duration of the recovery;
- permanent limitations;
- the impact on daily life;
- the age of the victim;
- the degree of fault of the liable party.
Permanent injury and non-pecuniary loss
In cases of permanent injury, compensation for pain and suffering is generally higher. After all, permanent pain, loss of function or scarring have a lasting effect on your life.
Permanent psychological harm, such as anxiety or trauma, may also justify higher compensation.
Non-pecuniary loss suffered by children
Non-pecuniary loss suffered by children is taken particularly seriously. Injury can have major consequences for a child’s development, self-image and future.
That is why children are often awarded higher compensation than adults with comparable injuries.
Insurers and compensation for pain and suffering
In practice we see that insurers regularly try to play down non-pecuniary loss. For example, they argue that the complaints are not so serious or that recovery was quick.
That is precisely why it is important to have your complaints properly recorded and to seek legal advice.
Evidence of non-pecuniary loss
Although non-pecuniary loss cannot be measured in euros, evidence certainly does play a role. Think of:
- medical reports;
- reports from psychologists or therapists;
- diaries or personal statements;
- statements from family and friends;
- photographs of injuries or scars.
These documents help to make the impact of the injury clear.
Can compensation for non-pecuniary loss be reduced for contributory negligence?
Yes. Where there is contributory negligence, compensation for non-pecuniary loss can also be reduced. This does not happen automatically, however, and depends on the circumstances.
Where the consequences are serious, a substantial part of the compensation for pain and suffering often remains intact.
Limitation period for non-pecuniary loss
A claim for compensation for non-pecuniary loss usually becomes time-barred five years after the moment you became aware that you had suffered loss and who is liable for it.
Different rules apply to minors.
What should you do to obtain compensation for pain and suffering?
If you want to be compensated for non-pecuniary loss, it is important to act in good time and with care.
- have your complaints recorded by a doctor;
- keep track of the impact the injury has on you;
- keep medical and personal documents;
- have liability assessed;
- obtain legal assistance.
You will also find more practical information on our page personal injury lawyer.
Will legal assistance cost me money?
In personal injury cases, the costs of legal assistance are in most cases recovered from the liable party or its insurer. As a result, you as the victim ultimately bear no financial risk.
Why choose Arslan Advocaten?
We have extensive experience in recovering non-pecuniary loss and know how insurers try to limit compensation for pain and suffering. We secure compensation that is both realistic and as high as possible, based on your personal situation.
Would you like to know how much compensation for pain and suffering you might receive? Feel free to contact us for a free, no-obligation assessment of your case.
Read also
- Personal injury lawyer in the Netherlands: everything about compensation and your rights
- Limitation periods in medical liability cases: how long do you have to file a claim?
- Bedrijfsregeling 7 (innocent third party): what does it mean for your compensation?
Frequently asked questions
When am I entitled to compensation for pain and suffering after an accident?
You are entitled to compensation for pain and suffering if you have suffered physical or psychological injury through the actions of another person and that person is liable. This applies, for example, to road traffic accidents, medical errors or violent crimes.
How is the amount of compensation for pain and suffering determined?
The amount is not set by a formula but depends on factors such as the severity of the injury, the duration of the recovery, permanent limitations and the impact on your daily life.
Can I also receive compensation for psychological injury without physical injury?
Yes, psychological injury such as anxiety disorders or post-traumatic stress can also give rise to compensation for pain and suffering, provided it is sufficiently substantiated with medical statements.
What should I do to safeguard my claim for compensation for pain and suffering?
It is important to gather all relevant medical documents and statements and to seek legal advice, so that your claim is properly supported and safeguarded.
Read also: Calculating personal injury compensation: all heads of loss explained
