Personal injury compensation: calculation examples

Personal injury compensation and pain and suffering: calculation examples

When you have become the victim of an accident, a lot happens at once. You often experience physical and emotional pain. In addition, unexpected costs and loss of income arise. In such a situation you rightly ask: what personal injury amounts am I entitled to? And how exactly does pain and suffering work? Calculating a fair compensation is complex. Moreover, it requires a tailored approach. No accident is the same. The impact of injury differs per person.

This article explains the difference between financial loss and compensation for pain and suffering under Dutch law. The calculation below is fictitious: it illustrates how to organise a claim and is not a client case, court award or prediction of your compensation. The personal injury claim guide explains the wider process.

What is the difference between material personal injury and pain and suffering?

Before we go deeper into specific personal injury amounts, we first make a clear distinction. A personal injury compensation has two main components: material damage and non-material damage (pain and suffering).

Material personal injury

Material damage includes all losses and costs that you can directly express in money. These are the tangible, financial consequences of the accident. Some common examples of material damage items are:

Loss of earning capacity: This is often the largest item. If you are temporarily or permanently unable to work, or can work less, you miss out on income. This includes base salary, missed bonuses, overtime, pension accrual and future career opportunities.
Medical costs: Costs for treatments, medication, physiotherapy or aids that your health insurance does not (fully) reimburse. Your deductible also falls under this.
Travel costs: Costs for trips to the hospital, the physiotherapist or other medical specialists.
Costs for domestic help: If you cannot do your household, you may claim compensation for such help. This also applies if family or friends assist you.
Adjustments to home or vehicle: In case of serious injury, adaptations are sometimes necessary. Think of a stairlift, adapted bathroom or vehicle modifications.
Study delay: If the accident causes a delay in studies, you can claim a standard amount.

Non-material damage (Pain and Suffering)

Pain and suffering compensates non-material damage. It covers pain, sorrow, loss of enjoyment of life and psychological suffering due to the accident. Because you cannot directly express this damage in money, determination is complex. It is primarily about recognition of your suffering.

How are personal injury amounts and pain and suffering calculated?

Calculating the total personal injury amounts requires more than a simple formula. We perform a thorough analysis of your personal situation. We look at your situation before and after the accident.

For material damage we compare the actual situation after the accident with the hypothetical situation without the accident. The difference between those two scenarios constitutes your material damage.

Comparable court decisions help assess compensation for pain and suffering. Since 1 January 2026, the judicial recommendations accompanying the Rotterdamse schaal also provide a framework. They are not binding tariffs: the injury, consequences and circumstances of the individual case remain relevant. A guideline category does not by itself establish liability or entitlement to payment.

When determining pain and suffering we look, among other things, at:

The nature and severity of the injury.
The duration and intensity of the medical trajectory.
The degree of permanent disability or scarring.
The age of the victim.
The impact on daily life, work, hobbies and social relationships.

Important: Pain and suffering is only one component of your total compensation

Separate actual financial loss from pain and suffering. The monetary calculation below concerns financial loss only; it does not assign a pain and suffering amount or set a minimum settlement.

Your total compensation can be a multiple of the pain and suffering amount. In addition, you are entitled to compensation for, among other things:

Loss of earning capacity: This is often the largest item. If due to the injury you can work less or not at all, we compensate the loss of income. Sometimes we calculate this over decades.
Medical costs: Compensation for costs that your health insurer does not cover.
Costs for domestic help and care.
Travel costs: Costs for hospital visits and treatments.
Adjustments to your home or vehicle.
Study delay and retraining costs.

There is no fixed percentage linking pain and suffering to the total claim. Two people with a similar injury may have different financial losses, for example because their earnings, recovery time or need for assistance differ. Calculate the damage items separately and explain the evidence for each one.

So do not be misled by looking only at pain and suffering amounts. Contact a specialized personal injury lawyer. We will then make a full calculation of all your damage items.

Fictitious calculation: build the claim from separate damage items

Suppose an injured person has € 500 in necessary treatment expenses that were not reimbursed elsewhere, € 240 in necessary travel expenses and € 900 in proven net lost earnings. In this simplified example the subtotal is € 1,640. Each item still requires a causal link with the accident, evidence and an assessment of whether the other party must reimburse it.

Treatment: € 500. Keep the invoices and the health insurer’s reimbursement statements. Do not claim an expense twice.
Travel: € 240. Record the dates, destinations and purpose of the journeys. Retain receipts or a clear mileage calculation.
Lost earnings: € 900. Explain the comparison with the situation without the accident. Payslips, employment records or business accounts may be needed.

The € 1,640 subtotal excludes pain and suffering, future loss and any other damage items. It is not a standard award for a particular injury. If expenses have already been reimbursed or an advance has been paid, the final calculation must account for that.

How to assess a pain and suffering proposal

Ask for the medical and factual assumptions behind the proposed amount. A diagnosis alone does not explain how long someone was in pain, whether treatment is complete, which activities are restricted or whether lasting consequences are expected. Those differences can make a comparison with another case misleading.

A useful comparison identifies the decision or guideline category, the date and the relevant similarities and differences. An online amount without that background is not a reliable estimate of your claim. Describe restrictions on work, care responsibilities, hobbies and daily life concretely, and support them with appropriate records.

Before accepting a final settlement

Check whether liability and any reduction for contributory responsibility are still disputed.
Separate an interim payment from a settlement that also releases future claims.
Check which treatment costs, lost earnings and assistance costs have been included.
Identify unresolved medical consequences or future losses.
Ask for an explanation of legal fees and any costs that may remain payable by you.

A practical request is: “Please provide an itemised calculation, the basis for the pain and suffering amount, the advances already deducted and the assumptions about future loss.” Asking for an explanation does not by itself preserve a limitation period. Have a time limit checked separately if the claim has been outstanding for some time.

Why Arslan for your pain and suffering claim

Claiming a fair personal injury compensation is legally complex. Moreover, it is often emotionally taxing. Insurers of the liable party have a financial interest in keeping the personal injury amounts low. They have medical advisors and lawyers who defend their interests.

To ensure you receive what you are entitled to, it is essential to engage a specialized personal injury lawyer. At Arslan Advocaten we have the expertise and determination to achieve the maximum result for you.

Costs of legal assistance (Artikel 6:96 BW)

Many victims hesitate to engage a lawyer for fear of high costs. That is unnecessary. Dutch law (artikel 6:96 van het Burgerlijk Wetboek) stipulates that reasonable costs for legal assistance are part of your total personal injury claim.

Reasonable costs of assessing liability and damage and obtaining payment can, subject to the legal requirements, be recoverable from the liable party. An acknowledgement of liability does not automatically make every legal cost recoverable. Discuss the fee arrangement, disputed costs and any personal payment obligation in advance; no general promise of zero financial risk applies.

Our working method

When you choose Arslan Advocaten, you choose a personal and decisive approach. We guide you from intake to completion.

Free and non-binding intake interview: We discuss your situation and assess the feasibility of your case. We also give a first indication of the possible personal injury amounts.
Putting the other party on notice: We formally hold the other party liable for your damage. We do this quickly and professionally.
Arranging advances: We request and arrange advances so that you have financial space for ongoing costs.
Medical and occupational expert investigation: We engage independent medical advisors and occupational experts. They objectively establish your injury and its consequences.
Damage calculation: We prepare an accurate and complete calculation of all your material and non-material damage.
Negotiation and settlement: We negotiate firmly with the insurer to achieve a maximum and fair final payment. If necessary, we submit your case to the court.

Have you become the victim of an accident and would you like to know which personal injury amounts you are entitled to? Then contact Arslan Advocaten today for a free and non-binding consultation. We take your legal worries off your hands so you can fully focus on your recovery.

More information about personal injury amounts

Also see our page about personal injury services or read about whiplash compensation and death damage and bereavement compensation.

Editorial update: 13 October 2026. Source: Rechtspraak: recommendations accompanying the Rotterdamse schaal. The monetary example is fictitious and illustrates financial damage only.

Would you like to know more about personal injury amounts? Contact Arslan Advocaten for a free estimate of your personal injury amounts. Our lawyers will give you an honest overview of the expected personal injury amounts.