When an accident, medical incident, or crime leads to a study delay, it can have direct consequences for the future of a pupil or student. In addition to the personal impact, material damage arises because entry into the labor market is postponed. For delays of up to one year, the Study Delay Guideline 2026 offers a framework with net standard amounts.
What is a study delay in personal injury?
Study delay is damage caused because a pupil or student can start their professional career later due to a liable event. The guideline applies to the education that was being followed at the time of the incident and to a maximum of one year’s delay. In the event of a longer delay or a permanently different career path, the damage is usually assessed as a loss of earning capacity.
The legal framework
Articles 6:95, 6:96 paragraph 1 and 6:97 of the Dutch Civil Code (BW) form the legal basis for compensation for pecuniary damage and its assessment. The Study Delay Guideline substantiates this with fixed net standard amounts. Extra tuition fees, books, or exam fees fall outside the standard amount and must be substantiated separately.
Overview of standard amounts 2026
The compensation depends on the type of education. Target amounts per year: primary school € 8,100, vmbo/lbo € 18,625, havo/mbo/vwo € 22,650 and hbo/wo € 27,525.
Collecting evidence for your claim
Collect proof of enrollment, study planning, transcripts, a statement from a mentor or study advisor, and medical information about limitations and delay. Note which components, such as internships or practicals, were missed and why they could not be made up regularly.
Limitation and determination
For personal injury claims, Article 3:310 of the Dutch Civil Code (BW) basically applies. For minors, that article offers additional protection in the situations described therein. For compensation, the actual situation is compared with the hypothetical situation without an accident. A clear statement of damages with source documents and advances helps the settlement.
Need help with your claim?
Feel free to contact Arslan & Arslan Advocaten for an assessment of your situation and help with substantiating a personal injury claim.
