Damage calculation
Calculation of your personal injury
As a personal injury victim you are entitled to compensation for material and immaterial damage. All the circumstances of your case count towards the calculation of your personal injury. It can be complicated to calculate all your damage and to add these damage up. Let alone calculate your psychological and emotional damage. How can you calculate the exact amount of your personal injury? We will explain it to you.
Calculation of material damages
Material damage is damage that can be expressed directly in money. It is important for this calculation that you keep all your receipts and invoices related to your personal injury. For example, receipts and invoices of:
-travel costs to and from the hospital;
-medical expenses;
-adjustments in your house or car;
-damage to your car, clothing, telephone;
-costs of extra domestic help;
-study costs due to study delay;
-childcare expenses.
Missed income
Due to your accident you may not have been able to work full time or you may not have been able to work at all. You will also be reimbursed for this missed income. Both the salary you miss out on your job and your income from undeclared work. These are costs that fall under material damage. You may also add any income that you will miss in the future. This is as long as this income is related to your accident and your injuries.
Calculation of immaterial damages
The costs for repairing your car, your broken telephone or an invoice from a medical specialist are clear. But you are also entitled to compensation for immaterial damage. This is also called compensation for pain and suffering (physical or mental damage due to the fault of another). Compensation for pain and suffering is a damage that cannot be expressed in money. You can think of:
-loss of enjoyment of life;
-sadness; -and
-sorrow.
How do we calculate damages?
Lawyers use the compensation guide to calculate immaterial damages (compensation for pain and suffering).
Lawyers have jointly drawn up the compensation guide. This is a guide with many court decisions with amounts of damages that have been awarded to victims in the past.
The final amount that a victim receives in compensation can of course be very different. It is important to treat each case differently and take into account all the circumstances of the case.
These circumstances may include:
-the amount of pain;
-the severity and nature of the injury;
-the severity of the damage-causing accident;
-the duration of the recovery period;
-the psychological influence of the accident;
-the result of the scars;
-what obstacles the victim has to live with;
-the age.■
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