Only after liability has been established, the question arises how much compensation should be paid. Under the Dutch Civil Code you can be hold liable on many grounds. For example, you can hold someone else liable or you can be held liable yourself on the basis of malpractice, tort law, undue payment, unjustified enrichment, et cetera.
After establishing liability (by one of our attorneys on your behalf), one of our attorneys will examine whether and, if so, for what amount, damage compensation is reasonable in your situation.
Under the Dutch Civil Code, both material and immaterial damages can be claimed. Material damages, also known as financial losses, includes loss of income, loss of livelihood, medical expenses (incurred by a third party), repair costs, but also the reasonable costs incurred to limit damage, to prevent damage, to determine the damage or to settle outside of court. Immaterial damages include only the damages that are listed exhaustively in the Dutch Civil Code. An example of eligible immaterial damage is compensation for situations in which the injured party has suffered physical injuries, the injured party's honour or reputation has been attacked or the injured party has been harmed personally in any other way.
If no agreement can be reached between the parties, the amount of compensation shall be determined by the court. The amount of compensation shall be determined as precisely as possible and, if necessary, the judge will estimate the total amount of damages.
Only damages that are the result of an unlawful act, like malpractice, are eligible for compensation. If a causal link is missing, no compensation needs to be paid.
It is also possible that a situation arises in which the damage are caused partly by the one who is hold responsible and partly by the injured party. In such cases, the court will take into account the actions of the injured party in order to determine the amount of compensation.
Our attorneys can explain to you in detail if your claim or the claim of the other party will be successful and if other factors, like own fault, will have impact on the total amount of compensation that can be claimed. Please register your case without any obligations using the form on this website or contact us by telephone via 013 53 53 883 to ensure that you do not overlook certain important aspects of the claim you sent to someone else or received from someone else.