Personal Injury, a Science in itself!

Personal injury, a special area of law within the law. A jurisdiction that is also still developing. In recent years, for example, the number of people entitled to compensation after an occupational accident has expanded. Also, self-employed persons are entitled to compensation. Then came the partial dispute procedure. On the basis of the partial dispute procedure, a victim of personal injury can more easily go to court. It must then concern 1 discussion in the personal injury case, which means that no settlement agreement can be concluded. This may concern the liability itself, but also, for example, the question of how much travel costs must be paid by the personal injury insurance to the injured party. In this contribution, you can read what personal injury is, when it occurs and how to deal with personal injury. The latest developments in this science are also discussed.

What is a personal injury?

A traffic accident, an occupational accident (in Dutch: bedrijfsongeval), or a dog bite, are examples of accidents in which injury can occur. This injury can also result in damage, for example, if someone becomes incapacitated for work as a result of the injury. There is then a loss of income. Other damage items are medical costs, travel costs, costs because someone is in hospital, and care and nursing costs at home. Personal injury consists of material damage and immaterial damage. Loss of income, travel expenses, etc. can be valued in money and therefore fall under material damage. Immaterial damage cannot be valued in money. These concerns neck pain after, for example, a head-to-tail collision. (in Dutch: kop staart botsing), anxiety and grief about visible scars.

Developments in personal injury claims 

Personal injury is a science that is still evolving. This is also evident from the fact that new regulations are being added all the time. In these contributions, we discuss the latest development in the field of personal injury, affection damage.

Affection damage

Until 2019, only the personal injury victim was entitled to personal injury compensation. Others did not have this right. This was seen as unreasonable and even unfair. There was only a right to personal injury if the loved one had seen the accident himself, the so-called shock damage. Due to the strict requirements, only a small part of the family and relatives of a personal injury victim receives shock damage.

As of January 1, 2019, a new law applies. This makes it possible for relatives and next of kin of the victim to receive compensation for pain. Parents and children, in particular, are eligible for this. This compensation for pain is compensated for affection damage.

Affection damage consists of fixed compensation. This has been included in a decision. Entitlement is granted in the event of serious injury and death of a personal injury victim.

Personal injury law continues to develop. There is still plenty to do to better help personal injury victims and their families. We, therefore, have to wait for the next development. For example, personal injury is and remains a science that many are concerned with.