This article covers personal injury compensation, the points to watch out for and the steps you can take.
An accident can turn your life upside down in an instant. Alongside pain and recovery, you face costs, lost income and paperwork. In this guide we explain which accidents often lead to personal injury, which heads of damage you can claim and which steps to take straight away to secure your rights.
What is personal injury compensation?
Personal injury covers all material and non-material loss arising from physical or psychological injury caused by another party’s act or omission. Think of medical costs, loss of income, household help, travel costs and compensation for pain and suffering.
Want to know more about the claims process? Read: How does the personal injury process work? and our Step-by-step guide: claiming compensation for personal injury after an accident.
Common types of accidents involving personal injury
1) Traffic accidents
Collisions involving a car, motorcycle or scooter, or as a cyclist or pedestrian, are the most common. Sometimes liability is immediately clear (running a red light, failing to give way), but often there is discussion (multiple vehicles, own fault, no seatbelt).
See also: Personal injury after a traffic accident and Liability in case of personal injury: what you should know.
What to do if liability is unclear?
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Collect evidence (photos, dashcam, witness details, police/ambulance report).
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Complete the European accident statement together (clearly, in full, with both signatures).
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Report the accident to your insurer.
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Seek legal assistance — for victims this is free of charge in personal injury cases (the costs are recovered from the liable insurer).
Whiplash
After a rear-end collision, complaints can persist for a long time. Have medical complaints recorded in good time. Read also: How can you calculate compensation for pain and suffering? and Personal injury after a rear-end collision.
2) Workplace accidents (accidents at work)
Falls from height, machine accidents, slipping, unsafe working conditions — employer liability can also apply to temporary agency workers and self-employed contractors. See: Reporting a work accident: what are the rules?, Falls from height and Workplace accidents and temporary agency workers.
3) Sports accidents
Not every sports injury is compensable (the sport carries its own risk). But unsafe equipment, inadequate organisation or a breach of the rules of play that creates danger can lead to liability.
4) Household, garden and kitchen accidents
Slipping in a supermarket, loose tiles, falling objects: liability depends on the fault of the responsible party and on their duties of care.
5) Medical errors
In cases of medical error (diagnostic or treatment errors), medical records and expert reports are crucial. These are complex cases — specialist assistance is recommended.
Which costs fall under personal injury?
Common heads of damage (depending on your situation):
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Medical costs (own risk, medication, physiotherapy, aids)
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Rehabilitation and aftercare (physiotherapy, occupational therapy, psychological help)
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Loss of income and lost pension accrual
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Household help and informal care/replacement childcare
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Travel costs and other expenses
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Adaptations at home or to transport
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Damage to property (bicycle, clothing, phone)
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Compensation for pain and suffering (non-material loss) — see our guide:
How can you calculate compensation for pain and suffering?
Tip: keep all costs and receipts and record your limitations in a recovery or pain diary.
How much do I receive for personal injury?
There is no standard amount: the compensation depends on the severity and duration of the injury, recovery, (permanent) limitations, effects on income and the impact on your daily life.
A specialist prevents you from forgetting heads of damage and substantiates your claim with medical and financial data.
Read also: The benefits of legal assistance in personal injury cases.
Always engage a personal injury expert or lawyer, such as one affiliated with the NIVRE, because they know exactly which costs you may claim and what you are entitled to. Their help is almost always free of charge, because in nearly all cases the liable party has to reimburse these legal costs. That puts you in a stronger position and ensures you do not overlook any head of damage.
“He who asserts must prove”: how to substantiate your claim
You (and your representative) prove:
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that an accident took place,
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that you have injury and loss, and
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that there is a causal link with another party’s act or omission.
Important evidence:
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Medical data (GP/specialist, treatment reports)
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Photos, video, dashcam, overview of the damage
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Witness statements and (if available) the police report
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Work and income data (payslips, hours, business figures)
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The European accident statement in traffic accidents
Practical tips: completing the accident statement correctly
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Complete it at the scene; take your time and check everything.
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Take photos of the vehicles, marks on the road and the surroundings.
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Note down witnesses with their contact details.
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Make a clear sketch of how the accident happened.
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Both signatures are required; keep a copy.
What to do in case of personal injury? (step-by-step plan)
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Seek medical help and have your injury recorded.
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Record the accident (photos, witnesses, accident statement).
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Report the incident to your insurer (and — in the case of work — to your employer).
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Engage a personal injury lawyer: building the file, establishing liability, advance payments, maximum compensation.
Useful: our complete step-by-step guide.
Extra tips for gathering evidence:
In addition to the accident statement you can collect further evidence, such as dashcam footage, mobile phone recordings, photos of the damage, the police report, statements from independent witnesses and their contact details. The more complete your file, the stronger your position when recovering your loss.
By recording everything properly straight away and reporting the accident, you increase the chance of a swift and smooth handling of your personal injury case.
Children and traffic accidents: extra protection
For children under 14 years of age, loss suffered in a collision with a motor vehicle is almost always compensated in full.
For 14 to 15-year-olds the 50% rule usually applies (at least half is compensated), with a possible increase depending on the circumstances.
How long does a personal injury case take?
From a few months (minor injury) to longer in cases of serious or permanent injury. In complex cases we work with advance payments, so that you do not get into financial difficulty.
Is legal help free of charge?
Many people wonder whether they have to pay for legal help with personal injury themselves. Fortunately the answer is usually reassuring: the law provides that the reasonable costs of legal assistance after, for example, a traffic accident can be recovered from the insurer of the liable party. In concrete terms this means that when you engage a personal injury lawyer, these costs are generally reimbursed in full by the other party or their insurer.
Engaging a specialised personal injury lawyer is therefore free of charge for victims in most cases. Nothing is deducted from the compensation you are entitled to — the full amount is yours. That way you can seek professional help without worry, so that you receive what you are entitled to and are not faced with unexpected costs.
Why choose Arslan Advocaten?
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Specialised personal injury lawyers (years of experience)
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NIVRE-registered experts and medical advisers
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Free legal assistance for victims
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Advance payments and swift, clear communication
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Nationwide coverage and a personal approach
Further reading:
Conclusion
Personal injury calls for swift action and sound substantiation. With Arslan Advocaten at your side you avoid mistakes, receive advance payments in good time and go for the maximum compensation you are entitled to.
Read also
- Single-vehicle accident: are you still entitled to compensation?
- Personal injury in minors: what parents should know after an accident
- Falls from height: the most common workplace accident
Frequently Asked Questions
What should I do if I am involved in an accident and have suffered personal injury?
First make sure you are safe and get medical help. Then gather as much evidence as possible, such as photos and witness statements, and contact a personal injury expert for advice on the claims process.
Which costs can I claim after an accident?
You can claim costs such as medical treatment, help at home, travel costs, loss of income and the cost of adaptations to your home. Always make an overview of every cost incurred so that nothing is forgotten.
How is the amount of my personal injury compensation determined?
The compensation is based on your personal situation, the severity of the injury and the impact on your life and work. A specialist looks at your expenses, recovery expectations and private life in order to establish the correct amount.
Is it necessary to engage a lawyer when claiming personal injury compensation?
Yes, it is wise to engage a personal injury expert or lawyer, because they know exactly which costs you may claim and what you are entitled to. Their help is usually free of charge, because the liable party generally reimburses these costs.
Who can be held liable in a traffic or workplace accident?
In traffic accidents, the driver or party at fault can be held liable; in workplace accidents the employer is often responsible if safety obligations were not met. Which party you should hold liable depends on the facts and on the applicable duty of care.
How can I prove that someone else is responsible for my injury?
You prove liability with evidence such as photos, medical records, witness statements and, where relevant, the police report. Together these must show that the other party acted wrongfully or failed to act, and that your injury followed from that.
When should I contact a lawyer after an accident?
As soon as possible, and in any case before you agree to a settlement or sign anything for an insurer. Early advice helps you secure evidence in time, avoid statements that work against you and keep an eye on the limitation period.
