Damage Calculation for Personal Injury: Non-Material and Material
How is personal injury damage calculated? From pain and suffering compensation to income loss: discover the methods for proper compensation.
Personal injury damage includes material damage (hospital costs, loss of income) and non-material damage (pain and suffering compensation). After deduction of own fault (under 50%), payment follows pursuant to art. 6:95-106 BW.
Material Damage
Calculate using calculation models: loss of income x degree of disability % x duration. Medical costs based on receipts.
Example: Whiplash
€20,000 medical costs + €50,000 income loss (2 years 50% disabled) = €70,000, minus 30% fault = €49,000.
Pain and suffering compensation: €5,000-€40,000 depending on severity (Pain and Suffering Guide).