Smartengeld
damages for pain and suffering (smartengeld)
Compensation for non-pecuniary damage — pain, grief and loss of enjoyment of life — in cases of injury.
damages for pain and suffering (smartengeld)is compensation for the non-pecuniary damage that a person suffers as a result of injury — pain, grief, anxiety, loss of enjoyment of life and missed leisure activities. The statutory basis is Article 6:106 of the Dutch Civil Code (BW) and the Supreme Court of the Netherlands (Hoge Raad) determines that damages for pain and suffering (smartengeld) are assessed "naar billijkheid" on the basis of comparable cases.
Determining factors:
Indicative amounts 2026: minor whiplash injury € 750-2.500, leg fracture with recovery € 3.000-7.500, minor brain injury € 5.000-15.000, permanent disability € 50.000-200.000+, paraplegia up to € 300.000. Reference work: theDamages for Pain and Suffering (smartengeld) Guide of the ANWB, with numbered judgments that serve as references in negotiations.
“The damages for pain and suffering (smartengeld) were determined at €12,500 due to permanent impairment of the shoulder.”
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