Calculate your personal injury damage. Personal injury is common, but what can you claim and recover? Consider physical and mental damage caused by an accident, a medical error or a crime. This damage can be very serious if, for example, you are no longer able to work for a while or even become permanently disabled. A good calculation of the damage and a good personal injury lawyer is important. What is personal injury and what damage can you recover as compensation for damages? Don’t forget to also claim personal injury. How much tax will you pay on your personal injury in 2020 or 2021? What are the new standard amounts?
Standard amounts for personal injury 2020 and 2021 and paying taxes
- What is personal injury or damages?
- Pay personal injury and tax in 2020 or 2021
- Common types of personal injury
- Compensate damage caused by injury and accident
- When am I liable in the event of an accident?
- What is death damage?
- Determine and calculate the amount of damage
- Personal injury standards 2020 and 20210
- The Personal Injury Guidelines for Study Delay 2020 and 2021
- Calculation of amount of personal injury
- What can the personal injury lawyer do for me?
- Non-binding consultation with the personal injury lawyer
- Liability is known or not?
- The settlement form for personal injury
- Expert help with personal injury
- Reintegration after personal injury
- Final personal injury and damages 2019 and 2020
What is personal injury or damages?
Personal injury is any damage caused by an incident for which someone is liable and may be eligible for compensation. This can be material, but also immaterial damage. Think of an accident, a crime, a crime or a medical error. These can be relatively minor items, such as damage to clothing, but also major expenses because you are temporarily unable to return to work or become disabled. Common forms of permanent injury include:
- Concentration problems;
- Back complaints;
- Deteriorated vision;
- Having to miss a body part.
Pay personal injury and tax in 2020 or 2021
Personal injury is paid out as net damage. Any tax due has already been removed. This means that the victim does not have to pay any tax after settlement and receipt of compensation. But it is a good idea to always demand a personal injury tax guarantee from the paying insurer. Entrepreneurs in particular run the risk that the tax authorities will still want to view the net payment as a gross payment and still levy tax. No tax has to be paid on compensation for damages. The grease pit judgment, HR 29 June 1983, BNB 1984/2, is famous. In it, the Supreme Court determined that income tax must be paid if there is a relationship between the compensation originating in the employment relationship or the employment contract of an employee.
Common types of personal injury
Very common types of personal injury are:
1. By misfortune and accident
Much personal injury results from an accident or accident, of which whiplash is a very well-known one. But you can also sustain damage if you are crossing the road safely and are hit by a driver who is not paying attention or drives through a red light. But also consider accidents on the farm that can have far-reaching consequences.
2. Due to medical error
Unfortunately, medical errors occur regularly. An incorrect procedure or operation will usually lead to personal injury. Failure to perform medical procedures can also mean personal injury to you, incorrect advice, incorrect medication, you name it.
3. Damage caused by a crime
In the case of personal injury due to a crime, consider the damage resulting from assault, rape, a fight, or falling while your bag is stolen. You suffer trauma and have to see a psychologist or other counselor, or you break something, or you have to seek other medical care. It’s all damage.
Compensate damage caused by injury and accident
Many damage items are therefore possible and can therefore form part of compensation in accordance with Article 6:107 of the Dutch Civil Code. Think of:
- Loss of income due to loss of capacity to work: loss of your ability to earn enough. This loss of earning capacity or working capacity is usually the largest damage item;
- Costs of hospitalization, patient transport, physiotherapy and other nursing costs;
- Costs of permanent disability;
- Costs of rehabilitation;
- Costs of legal assistance;
- Costs for reintegration work;
- Household adjustments;
- Help in and around the house;
- Costs for domestic help and childcare;
- Costs of a lawyer;
- Other costs attributable to the accident.
In addition to compensation for these material damages, you can also claim compensation for non-material damage, i.e. damages. The amount depends, among other things, on the severity of the injury and the limitations of the victim. Compensation for damages can rightly be claimed if:
- You as a victim have suffered physical or mental injury or another form of suffering as a result of the incident or accident.
- Costs for psychological help.
- Invasion of personal privacy through insult or invasion of privacy.
When am I liable in the event of an accident?
Liability is regulated in Article 6:162 of the Dutch Civil Code, which stipulates that you are liable if:
- There is an unlawful act. This means if you infringe the right of someone else, or if you act contrary to a legal obligation or act in accordance with social care. Moreover, one can also be held liable for the unlawful acts of others. Think of parents and the liability for their children. We call this risk liability.
- The unlawful act can be attributed to the perpetrator.
- There is actually damage.
- There is a causal link between the accident and the damage.
What is death damage?
Death damage is the damage caused by the death of a person as a result of an accident. Death damages include many cost items, such as:
- The direct costs resulting from the death of someone.
- The loss of income due to death.
- The costs of burial or cremation.
- The cost of living for the surviving relatives.
You will not get your loved one back, but this will be expressed in a monetary amount.
Determine and calculate the amount of damage
Determining the extent of the personal injury is not always easy. Especially if it has been some time and the incident is not sufficiently documented. It may also be that the damage incurred has not yet fully materialized at the time of the claim. It may therefore be wise to submit the damage to a specialist who can make an assessment. Document the damage incident properly. Do the following:
- Record the name and address of any witnesses. Put their views on paper.
- If possible, capture as much as possible in photos.
- Request reports and reports from doctors and nurses.
- Report your complaints immediately to your doctor.
- Keep all receipts and invoices for yourself and those of your family members, insofar as they have had to incur costs in connection with the accident.
The highest damage compensation and damage claim depends on several factors, such as:
- The type of injury you suffered. You may or may not have become temporarily incapacitated for work.
- The duration and intensity of the grief you have suffered. Perhaps you are also sleeping poorly and can’t think of anything else.
- The seriousness of the violation of your sense of justice.
- Lack of zest for life.
- The extent to which the perpetrator and perpetrator are liable. Was the perpetrator under the influence? This concerns a doctor whom you should be able to trust completely.
Personal injury standards 2020 and 20210
The insurers distinguish three categories of personal injury (amounts are indicative):
- Compensation up to 825 for superficial and limited injuries;
- Compensation from 550 to 1,650 for a recovery period of approximately two to four months;
- Compensation from 1,100 to 2,025 for a recovery period of four to six months.
The Personal Injury Guidelines for Study Delay 2020 and 2021
Amounts used as standard amounts for the costs of a study delay are:
- Primary school 6,300;
- VMBO and LBO 14,475;
- HAVO, MBO and VWO 17,625;
- HBO and WO 21,400.
Calculation of amount of personal injury
The calculation includes a start date, an end date and a so-called capitalization date. With the capitalization date, future payments are discounted to the present in order to be able to pay a one-off benefit or lump sum, which also takes into account what would otherwise have to be paid in installments in the future. For example, in the event of loss of income, your expected income in the period after the accident is compared with what you would otherwise probably have earned. To calculate this, sophisticated calculation models are available that can take into account all kinds of circumstances and expectations in order to arrive at an acceptable damage amount.
What can the personal injury lawyer do for me?
Find a good lawyer who specializes in personal injury. He can help you claim compensation from the person who caused the damage. A good lawyer pays for itself, because there is more success in obtaining high compensation. A personal injury lawyer is a member of the LSA, the association of personal injury lawyers. This lawyer must meet strict conditions, such as:
- Been a personal injury lawyer for at least 5 years.
- Have demonstrable experience with personal injury and death claims.
- The personal injury lawyer must have completed and successfully completed the Grotius Personal Injury training course.
- The lawyer must keep his knowledge permanently up to date through training and further training.
Non-binding consultation with the personal injury lawyer
Have a no-obligation conversation with the personal injury lawyer of your choice and ask about his approach and working method. It is important that you click and there are no surprises afterwards. Do you want to go to court or, if possible, do you want to reach a settlement with the person who caused the damage? Moreover, there is always the possibility that you may lose a case. Ask the lawyer in advance about his conditions. Many personal injury lawyers work on a No Win No Pay basis, but not all. Ask about it. If you like the answers and the lawyer suits you, you enter into a contract with him or her. Make sure that you remain sufficiently informed about developments.
Liability is known or not?
As soon as liability is clear and the perpetrator is properly insured, for example through good private liability insurance or a WEGAM policy for employers, the personal injury and damages can be paid out quickly. Even without the intervention of a judge. A no win no pay contract with a personal injury lawyer will not help you much if the liability and extent of the damage is clear. No cure, no pay is the agreement that you only have to pay if the person you give the assignment to is also successful. It is then better to opt for an hourly contract. First obtain sufficient advice from a personal injury lawyer and discuss what he can do for you before you sign and choose an office that is affiliated with the Personal Injury Quality Mark Foundation. The Personal Injury Quality Mark from the Personal Injury Quality Mark Foundation provides a number of important guarantees. The offices affiliated with the Quality Mark must work independently, expertly and transparently. Given the damage, you do not want more misery and unnecessary costs and you would like the financial case to be completed as quickly as possible.
The settlement form for personal injury
As soon as it is known that the suspect will be prosecuted, the public prosecutor’s office will send the victim a joinder form, which must be returned as soon as possible to the district public prosecutor’s office where the case is being filed. With this form, the injured party indicates that he wishes to participate in this criminal process and how much damage has been suffered. The damage must be sufficiently demonstrated, if possible with receipts.
Expert help with personal injury
Immediately after an accident, the first thing that often comes to mind is compensation or damages. However, seek expert help as soon as possible and seek knowledge and assistance from a personal injury expert. After all, he can quickly indicate what needs to be done and will take a lot of work off your hands. Find as many witnesses as possible and take photos of the situation. Make sure you have a clear police report. The police report often partly determines the chance of compensation. The office that specializes in legal assistance in the event of personal injury can quickly provide clarity about this. No cure no pay is usually not the best solution in the event of a car accident, because the police draw up a report, which makes it clear who is actually liable. Also look for the Personal Injury Quality Mark from a good personal injury agency for more assurances for expert help.
Reintegration after personal injury
Every victim with personal injury will have to go through their own reintegration process in order to be able to participate again as quickly as possible. As a victim and disabled person you also have rights. Then make use of these rights. Reintegration must be selective, which means that it is assessed on a case-by-case basis what support you need to get back to work as quickly as possible. Municipalities and the UWV determine who comes for which reintegration program. You may decide to engage an agency with the Blik Op Werk quality mark.
Final personal injury and damages 2019 and 2020
All in all, complicated matter. So choose a good injury lawyer and see what he can do for you. Whether or not on a no cure no pay basis, when liability has not been determined in advance. Then you do not have to pay for the lawyer if he is unable to conclude the lawsuit in your favor. On the other hand, anyone who is liable for the injury caused is also legally obliged to pay the damage, including the costs of your lawyer.