Punitive damages after a traffic accident

21 December 2022
Arslan Advocaten

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Punitive damages after a traffic accident

What is punitive damages?

Victims of a traffic accident who have suffered personal injury are entitled to damages. This is the intangible part of personal injury compensation. Compensation for damages that cannot be expressed in money such as:

  • Loss of enjoyment of life
  • Insult
  • Psychological damage resulting from personal injury
  • The pain you experience
  • If the victim’s honour or reputation has been harmed or his person has otherwise been affected.

The amount of punitive damages

This depends on each situation and cannot be calculated without further information. One accident does not have the same consequences as another accident. Moreover, some recover faster than others. Also, the post grievance damages will usually be determined at the very end of the personal injury case. The two most important factors in calculating damages are the nature of the injury and the severity of the injury. However, there are also other factors that are considered namely:

  • Scars (permanent)
  • Physical limitations
  • Pain suffered
  • Recovery period
  • Age
  • Degree of awareness
  • Degree of disability

Punitive damages in the Netherlands

The amounts of smart money paid out in the Netherlands cannot be compared to abroad. In the Netherlands, the compensation is quite low. Arslan & Arslan Advocaten is aware of the court decisions in the field of compensation for damages. This will ensure that you will be paid the correct amount.

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