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Compensation for pain and suffering: what counts?

Non-material harm, comparable cases and guidelines require context; an online amount is not a personal assessment.

Duration: 1:41

Final legal and language review remain open. General information does not replace advice on your case.

Full transcript

Compensation for pain and suffering: what counts?. General information.

Dutch smartengeld compensates non-material harm such as pain and lost enjoyment of life. Medical expenses and lost earnings are separate losses. An online figure does not establish your entitlement or provide an individual calculation.

Explain recovery time, limitations and daily activities. Describe what you could do before the incident and what changed afterwards. Record improvements too, so your account presents a complete picture.

Ask which circumstances and comparisons support an offer. Similar injuries can affect people differently. Compare duration, severity and personal circumstances, rather than judging only the final amount.

The Rotterdamse Schaal offers reference points for smartengeld. Rechtspraak describes category ranges and judicial freedom to depart with reasons. The scale cannot replace an individual assessment or guarantee a minimum or maximum.

Ask exactly what a proposal settles and whether future loss remains uncertain. Do not confuse your smartengeld with relatives' affectieschade or others' shockschade: different conditions apply. Read our guide and obtain expert assessment of a concrete settlement.

Read the full explanation and sources on our website. Obtain an assessment of which rules apply to your situation.

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Official sources

  1. rechtspraak.nl — https://www.rechtspraak.nl/onderwerpen/letselschade
  2. rechtspraak.nl — https://www.rechtspraak.nl/organisatie-en-contact/organisatie/raad-voor-de-rechtspraak/nieuws/2025/09/nieuw-onderzoek-biedt-heldere-richtlijn-voor-smartengeld-bij-straf--en-civiel-recht
  3. rechtspraak.nl — https://www.rechtspraak.nl/voor-advocaten-en-juristen/reglementen-procedures-en-formulieren/strafrecht/aanbevelingen-rotterdamse-schaal
  4. rechtspraak.nl — https://www.rechtspraak.nl/organisatie-en-contact/organisatie/raad-voor-de-rechtspraak/nieuws/2025/12/rechtspraak-stelt-aanbevelingen-vast-voor-begroting-van-smartengeld

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Personal injury after a road accidentRecord the circumstances and the details of those involved and witnesses.
Personal injury from a workplace accident or occupational diseaseEvidence of the connection with your work is an important part of the assessment.
Personal injury from a possible medical errorA complication or disappointing result does not by itself prove a medical error.
Compensation for pain and loss of enjoyment of lifePain and suffering compensation is separate from reimbursement of demonstrable financial losses.
Personal injury lawyer costs and legal assistanceAsk for a written engagement and an explanation of every possible cost.
What is personal injury, and where do you start?Your recovery and a record of your symptoms are important starting points.
Evidence and medical information in personal injury claimsKeep original documents and maintain a factual timeline.
Closing a personal injury case: settlement and final releaseCheck the support for the amount and deduction of advances.

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