Schadevergoeding
Compensation for damages
Compensation for damages is the financial compensation an injured party receives from the liable party for harm suffered through injury or death.
Compensation for damages
Compensation for damages is the legal obligation of a liable party to make good the harm it has caused another. In injury cases it concerns compensation for physical or mental injury resulting from, for example, a traffic accident, medical error or workplace accident. The legal basis lies primarily in Articles 6:95 and 6:96 BW, together with Article 6:162 BW (tort) or Article 7:658 BW (employer liability).
Main forms
Practical consequences
Compensation can be paid as a lump sum or as periodic payments. Substantiate every head of damage with medical reports, payslips and invoices. Without an amicable settlement, the court sets the amount. Note the five-year limitation period (Article 3:310 BW).
“After a collision in which the victim suffered whiplash, he claimed compensation from the liability insurer for both his medical costs and his loss of earning capacity.”
Source: AI
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