Personal injury and negligence law
If you suffer an injury or financial loss due to someone else’s fault, you may be entitled to compensation under Dutch personal injury law. This includes physical injuries, psychological harm, or damage to your property. To claim compensation, you usually need to prove that the other party acted negligently – in Dutch, this is called onrechtmatige daad (unlawful act).
This article explains the basics of personal injury and negligence law in the Netherlands, including how negligence is assessed, what damages can be claimed, and what steps to take in case of a dispute.
What is negligence?
Negligence in Dutch law falls under the broader concept of onrechtmatige daad. This means someone acted unlawfully or carelessly and caused harm to another person.
To claim compensation under article 6:162 of the Dutch Civil Code (Burgerlijk Wetboek) [1], five legal elements must be shown:
- Unlawful behaviour – this can be an action or failure to act, such as ignoring traffic rules or leaving a public hazard unfixed.
- Attributability (toerekenbaarheid) – the behaviour must be legally attributable to the person or organisation.
- Damage – the injured party must have suffered actual harm.
- Causation – there must be a direct link between the unlawful act and the damage.
- Relativity – the rule that was breached must be intended to protect against this type of harm.
Negligence can also involve failing to take reasonable precautions – for example, not cleaning up a spill that leads to someone slipping.
What is damage?
Personal injury (letselschade) refers to damage you suffer as a result of physical injury. For example:
- a road traffic accident
- a workplace incident
- a medical error
- a slip or fall in a public space
You may hold the person or organisation who caused the damage liable and ask them to compensate you. Claims can be made for both financial (material) and emotional (non-material) damage.
Legal liability arises if the other party acted wrongfully or carelessly, and this resulted in your injury. In other words, only if all elements of negligence as elaborated above are fulfilled, one can discuss what the damage is.
What types of damages can you claim?
Material damage (materiële schade)
Material damage refers to loss that can be directly expressed in money. Common examples include:
- loss of income (if you are unable to work)
- medical costs not covered by your insurer
- home or car adjustments (e.g. for mobility aids)
- help around the house or garden
These are specific, measurable costs that result from the injury. Hence, the calculation of the damage is rather straight forward.
Non- material damage (immateriële schade)
Non-material damage refers to emotional or psychological harm, such as grief, suffering, or loss of enjoyment of life. It cannot be directly expressed in money. The compensation for this is called smartengeld. Although it is a financial payment, Dutch law uses modest, symbolic amounts compared to other countries, as emotions cannot truly be valued in euros.
Special types of non-material damage include:
- Affectieschade – compensation for close relatives of someone who has died or been seriously injured.
- Shockschade – for those who directly witness a traumatic event involving a loved one and suffer psychological harm as a result.
What type of compensation can you claim?
The compensation for non-material damage is called smartengeld. The amount is modest in the Netherlands and largely based on previous court rulings listed in the Smartengeldgids. Courts assess how serious and long-lasting the harm is, supported by medical and psychological reports. The more serious or permanent the injury, the higher the likely compensation.
Examples of smartengeld amounts by injury type [2]
- Minor injuries (e.g. bruises, scrapes, mild concussion): up to €2,000
- Mild injuries (e.g. simple fractures, internal injuries, facial scarring): €2,000 – €3,500
- Moderate injuries (e.g. whiplash, torn ligaments, finger amputations): €3,500 – €10,000
- Serious injuries (e.g. coma, skull fractures, permanent impairment): €10,000 – €25,000
- Severe injuries (e.g. long-term disability, loss of senses): €25,000 – €50,000
- Very severe injuries (e.g. blindness, limb amputation, paralysis): €50,000 – €76,000
- Exceptionally severe injuries (e.g. full paralysis, severe burns, loss of communication): €76,000 or more
First step: holding the other party liable
Before a court will consider compensation, you must first formally hold the other party liable (aansprakelijk stellen). This is done by sending a registered letter (aangetekende brief) to the person or organisation that caused the harm. In this letter, you state that you hold them legally responsible for your injury and claim compensation.
What if there is a dispute?
If the responsible party (or their insurer) denies liability, or if there is disagreement about the amount or type of damage, the situation may lead to a legal conflict.
Legal proceedings
If no agreement is reached, you may start a procedure before a Dutch court to have the dispute resolved.
Mediation alongside court proceedings
You can also choose mediation, where both parties try to resolve the conflict with the help of an independent mediator. Mediation can take place at any stage – before, during or even instead of court proceedings.
- It is voluntary
- The judge may suggest it
- The costs are shared between the parties
If successful, mediation avoids the need for a formal judgment and can save time and legal costs.
Guidelines and reference amounts
The Dutch Personal Injury Council (De Letselschaderaad) [3] has issued standardised guidelines for assessing common damage items in personal injury cases. These are not legally binding, but courts and insurers often use them when determining the amount of compensation.
Related topic: liability and insurance
In most cases, the liable party’s insurer will cover the damages. Common types of insurance include:
- Third-party motor insurance (WA-verzekering) for drivers
- Employer liability insurance for work-related accidents
- Personal or property liability insurance (aansprakelijkheidsverzekering) for homeowners or landlords
Although you file the claim against the person or organisation, the compensation typically comes from their insurer.
Conclusion
Dutch personal injury law provides a framework for victims to claim compensation when they suffer harm due to negligence. While material damages can be calculated directly, non-material damages (smartengeld) are harder to claim and typically awarded only in serious or lasting cases.
If you have suffered letselschade due to someone else’s actions, it’s important to formally hold them liable and seek legal guidance. Mediation may also offer a faster and less adversarial way to reach a resolution.
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References
[1] Government of the Netherlands, Dutch Civil Code Book 6 (Burgerlijk Wetboek Boek 6), wetten.overheid.nl, accessed on 06/19/2025
[2] DAS insurance, Pain and Suffering Compensation – Examples and Amounts (Smartengeld – voorbeelden en bedragen), das.nl, accessed on 06/19/2025
[3] Website of the Personal Injury Council (De letselschade raad), deletselschaderaad.nl, accessed on 06/19/2025