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Compensation for pain and suffering

Personal injury victims usually suffer not only material loss, like loss of earnings and medical expenses, but immaterial loss as well. This is also called compensation for pain and suffering. This is intended as compensation for the suffering of victims due to physical pain, psychological suffering, and the diminished quality of life following a road traffic accident, medical error or occupational disease, to name some examples. In determining the compensation for pain and suffering, several elements are considered, such as the type of liability, the nature and severity of the injuries, the current and future symptoms and limitations and the medical treatments. The individual circumstances decide the amount. Besides compensation for pain and suffering for the victim, others may be entitled to damages for nervous shock. Nervous shock means severe psychological damage due to a traumatic incident to a loved one. The person claiming nervous shock must have been confronted with that incident or its direct effects. Since 1 January 2019 emotional loss, the loss due to the grief about a loved one’s death or injuries, also qualifies for compensation in the Netherlands.