A personal injury lawyer establishes liability, quantifies your damage and negotiates with the liable party's insurer. Compensation covers lost income, medical costs, pain and suffering (Article 6:106) and relatives' costs (Article 6:107 of the Dutch Civil Code). Once liability is accepted, your reasonable legal costs are usually recovered from the insurer.
For additional general information, see Victim Support Netherlands information for victims.
A personal injury lawyer in the Netherlands helps you assess liability and claim compensation after an accident or medical error. Whether and how much you can recover depends on the facts, the applicable law and evidence of your losses. The personal injury team at Arslan Advocaten explains the options and agrees the cost arrangements with you before work starts.
1. What is personal injury?
Personal injury includes all damages you suffer as a result of physical or psychological injury caused by another. This includes traffic and workplace accidents, medical errors or abuse. This damage could be income loss, medical expenses, household help, as well as pain and suffering for non-tangible damage.
Read more in our blogs:
- Help with personal injury
- Workplace accident and employer liability
- Whiplash after traffic accident
- Medical errors and liability
- Loss of a chance in medical errors
2. Who is liable for personal injury?
According to article 6:162 Civil Code, the person who inflicts damage on another by an unlawful act is liable. In personal injury cases, these are often:
- The driver in a traffic accident;
- The employer in a work accident;
- The doctor or hospital in a medical error;
- The owner of an animal in a dog bite or animal attack.
3. Compensation: what can you claim?
A full compensation consists of all damage items that are the direct result of the accident. The most important are:
- Loss of income – loss of working or profit capacity;
- Medical expenses – deductible, aids, therapies;
- Domestic help – paid or unpaid support;
- Travel expenses – visits to doctors, specialists or lawyers;
- Pain and suffering – compensation for pain, sorrow and lost life enjoyment.
Also read: Pain and suffering calculation: factors and examples
4. Workers’ compensation in the Netherlands: workplace accidents
Were you injured at work? Our workplace accident lawyers in the Netherlands can assess the claim. Start with what to do after a work accident, or read the guidance for temporary agency workers.
Searching for a workers’ compensation lawyer after an accident in the Netherlands? An important starting point is Dutch employer liability under article 7:658 of the Civil Code. Employers must take appropriate safety measures, give safety instructions and supervise compliance. Whether compensation is owed depends on the circumstances and the employer’s compliance with that duty of care; an accident alone does not automatically establish liability. The Dutch government explains these duties on Arboportaal (in Dutch).
Read more in our blog: Liability in workplace accidents.
SVI insurance and subrogation
Schadeverzekering inzittenden (SVI) is a Dutch vehicle policy that may cover injury losses of the driver and passengers without requiring another road user to be liable. Cover depends on the policy, insured persons, limits and exclusions. A work-related road accident may also require assessment of the employer’s duty to arrange adequate insurance.
5. Medical errors and loss of a chance
A medical error is not automatically a legal error. Yet a doctor or hospital may be liable for breaching the duty of care. We analyze medical files, guidelines and literature, and work together with medical advisors. Read our blogs:
6. Causal connection and evidence
To recover damage, it must be demonstrated that there is a causal link between the accident and the injury. This evidence is sometimes complex, especially with pre-existing complaints or medical errors. Arslan Lawyers helps with collecting evidence, such as medical reports, witness statements and expertises.
7. Whiplash and non-objectifiable injury
Whiplash and similar injuries without clear medical abnormalities often lead to disputes with insurers. However, the case law acknowledges that these types of complaints may also be real. Read our blog Whiplash: evidence, damage and acknowledgment for explanation and recent case law.
8. Pain and suffering: compensation for pain and suffering
Pain and suffering is the non-material damage compensation for pain, sorrow and lasting limitations. The amount depends on the severity of the injury, the duration of recovery and the consequences for daily life. We use the Guide to Pain and Suffering and current jurisprudence to calculate your compensation as accurately as possible.
9. Loss of earning capacity
With permanent injury, there is often a structural loss of income. Our experts calculate this accurately using our own system for loss of earning capacity. We look at gross and net amounts, tax pressure and future indexation.
10. Costs of legal assistance
Your first assessment is free and without obligation. We seek recovery of reasonable legal costs from the liable party or their insurer. If that is not possible, we first check eligibility for Dutch subsidised legal aid (toevoeging), then whether a no-cure-no-pay arrangement is permitted and suitable. We never charge you costs without prior discussion and your approval.
11. Procedure and approach
After the accident, we take over all legal and administrative worries. Our action plan:
- Inventory – conversation and file analysis;
- Liability statement of the counterparty or insurer;
- Advances on compensation;
- Medical expertise and assessment by our medical advisor;
- Damage state and negotiation on final arrangement;
- Payment and finalization of the case.
12. Statute of limitations of personal injury
For personal injury, the usual five-year limitation period starts on the day after you became aware of both the damage and the person liable for it. Exceptions and rules on interrupting the period can affect your case. Have the applicable deadline checked promptly; do not assume that reporting an accident alone protects the claim.
13. Psychological damage and shock damage
Also, psychological damage due to confrontation with a severe accident or death can lead to compensation. This is called shock damage. Survivors can also claim affectio damage for emotional suffering.
14. Wage damage and subrogation
Employers who continue to pay wages to a sick employee may recover this from the liable party. See our blog Reclaim wage damage after accident for explanation about evidence and calculation.
15. Why Arslan Lawyers?
Arslan Advocaten brings together a large team of lawyers and legal professionals across personal injury, employment and insurance law. We work with NIVRE-registered experts and medical advisory bureau MEDICA to connect the evidence of injury with the assessment of financial loss. You have one point of contact for the legal and medical questions in your claim.
16. Frequently asked questions about personal injury
What does a personal injury lawyer cost?
Your first assessment is free and without obligation. We seek recovery of reasonable legal costs from the liable party or their insurer. If that is not possible, we first check eligibility for Dutch subsidised legal aid (toevoeging), then whether a no-cure-no-pay arrangement is permitted and suitable. We never charge you costs without prior discussion and your approval.
How long does a personal injury case last?
This depends on the recovery and the final medical condition. We always strive for quick advances and a fair settlement.
Can I claim damages without evidence of guilt?
You do not always need to prove someone’s personal fault. Different legal grounds have different requirements, including animal-owner liability and the employer’s duty of care. A claim under your own SVI policy depends on its terms. We identify the applicable route and evidence; employer liability is not an automatic no-fault compensation scheme.
Am I entitled to pain and suffering with light injury?
Yes, even with light whiplash or psychological complaints, pain and suffering can be awarded, depending on the duration and the consequences.
Contact with Arslan Lawyers
Have you suffered injury because of someone else’s actions? Let us evaluate your case for free. The personal injury lawyers of Arslan Lawyers help you from beginning to end – honest, fast and expert. Contact us for immediate legal advice.
Frequently Asked Questions
What types of personal injury cases can a lawyer in the Netherlands help with?
A personal injury lawyer can assist with cases involving traffic accidents, workplace injuries, medical errors, and animal attacks. They help victims claim damages for physical or psychological injuries caused by others.
Who can be held liable for personal injuries in the Netherlands?
Liability typically falls on the driver in a traffic accident, employer in a workplace incident, doctor or hospital in a medical error, or owner of an animal in case of an attack, according to Dutch civil law.
What damages can I claim after a personal injury?
You can claim compensation for loss of income, medical expenses, domestic help, travel costs, and pain and suffering, covering all damages directly resulting from the accident.
How does employer liability work in workplace accidents in the Netherlands?
Employers are responsible for providing a safe work environment, and if an accident occurs due to negligence or unsafe conditions, they are usually liable for the employee’s damages according to civil law.
