Personal injury test

Am I entitled to compensation?

The short answer: often yes, but it depends on your situation. At its core, whether you are entitled to compensation revolves around four questions. Is there another party liable for what happened? Did you sustain injury or damage as a result? Is there a clear link between that party's fault and your injury? And has your case not yet expired due to the statute of limitations? If you can answer these questions with 'yes', there is a good chance you qualify for compensation.

Follow the steps below to calmly go through these four questions. Answer them honestly for yourself. Are you unsure about a question? That is perfectly fine; in fact, that is precisely when a conversation with us is valuable. This personal injury test is an indicative self-assessment, not a legal judgment. We can only give you a definitive answer in a personal meeting.

Common situations in which people are entitled to compensation include a traffic accident, a workplace accident , or an accident involving an animal. However, liability on the part of another party may also arise in the event of a fall due to poor maintenance, a medical error, or an accident at an event.

What this test does and does not do

This self-test helps you quickly organize what has happened and what questions are at play. It provides you with stability and peace of mind, especially during a period when you have a lot on your mind. What the test does not do is give a definitive answer to the question of whether you will receive money and how much. A tailored approach is always necessary for that, because no two cases are the same. Therefore, view the outcome as a first signpost, not as a final destination.

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Step 1: Is someone else liable?

The first question is whether someone else made a mistake that caused you damage. Legally, this is called liability. Sometimes this is very clear, for example, if someone rear-ends your car. Sometimes it is less obvious, for example, if you trip over a loose paving stone or if your employer failed to ensure your safety.

Go through these check questions for yourself:

• Has another person, company, or organization done something wrong or, conversely, failed to do something?
• Could or should the other party reasonably have acted differently?
• Was there a road authority, employer, owner, or livestock keeper who was responsible?
• Are you unsure if you also made a mistake (partially)?

Are you perhaps partly to blame yourself? That does not automatically mean you will receive nothing. In cases of contributory negligence (Article 6:101 of the Dutch Civil Code), the damages are divided according to the extent to which each party contributed to the accident. Therefore, even with partial contributory negligence, you may still be entitled to a portion of your compensation.

An important exception applies to vulnerable road users. If you are hit by a motorized vehicle as a cyclist or pedestrian, Article 185 of the Road Traffic Act offers you extra protection. In most cases, you will receive compensation for at least half of your damages, and often even more, even if you were at fault. Children under fourteen are even better protected.

Not sure who is liable? That is perfectly normal and shouldn't stop you. Identifying the correct liable party and gathering evidence is exactly what we help you with. Sometimes there are even multiple parties you can hold accountable, such as an employer and a hirer, or a road authority and a contractor. The more photos, witness details, and any potential damage report you keep beforehand, the easier it will be for us to substantiate your claim later.

Step 2: Do you have injury or damage?

Compensation is intended to cover your actual damages. The second question, therefore, is whether you have sustained an injury or suffered other damage. This can be much broader than you might think. In addition to physical injury, psychological suffering also counts, and besides the visible costs, there are often hidden expenses.

Do you recognize one or more of these points?

• Have you sustained physical or psychological injury, minor or severe?
• Have you incurred medical expenses, a deductible, or travel expenses to the hospital?
• Did you miss out on income because you couldn't work?
• Have you needed help with housekeeping or informal care?
• Is there material damage, for example to your bicycle, car, clothing, or phone?
• Have you experienced pain, grief, or a loss of joy in life?

If you recognize yourself in this, you have likely suffered damage that qualifies for compensation. We distinguish between material damage (such as costs and lost income) and non-material damage (compensation for pain and suffering). On the page about compensation, you can read in more detail which items are taken into account.

Many people underestimate their damage in the beginning. You focus primarily on recovery, and only later do you notice that, for example, you have started working less, need help with household chores, or that a hobby or sport is no longer possible. These kinds of consequences are also part of your damage. Therefore, keep receipts, invoices, and notes, no matter how small. Keep a short logbook of your complaints and the things you can no longer do. That may sound businesslike, but it helps enormously to get an honest and complete picture of your damage later on.

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Step 3: Is there a causal link?

The third question is whether there is a connection between the other party's fault and your injury. Legal experts call this the causal link. The damages you claim must be a consequence of the accident, and not of something else. This sounds logical, but in practice, it is often a major point of contention with the opposing party.

Ask yourself the following questions:

• Was your injury caused by the accident and not by something unrelated?
• Did you not have these symptoms before the accident?
• Can you link your complaints and costs in time to the moment of the accident?
• Did you see a doctor (quickly) after the accident so that your symptoms were recorded?

It is advisable to have your symptoms properly documented by your GP or the hospital. A medical record helps demonstrate that your injury is indeed caused by the accident. Are you concerned about whether this connection is clear enough in your case? We are accustomed to substantiating this together with independent medical advisors, so that you do not have to face this alone.

Sometimes symptoms only develop over time, for example in the case of whiplash or psychological issues following a traumatic event. The fact that you did not see a doctor immediately does not rule out a connection. However, it is always wise to report your symptoms as soon as possible and have them recorded. The better your account is documented from the outset, the stronger your position will be if the opposing party disputes the connection.

Step 4: Has your case not yet expired due to the statute of limitations?

The final question concerns time. You cannot indefinitely postpone a personal injury case, because your right to compensation lapses after a certain period. The general rule is set out in Article 3:310 of the Dutch Civil Code: in principle, a claim lapses five years after you became aware of both the damage and the liable party.

In the case of traffic accidents, a shorter time limit often applies. If you sue the opposing party's insurer directly under the Motor Vehicle Liability Insurance Act (WAM), that period is three years. Therefore, it is wise not to wait too long.

Check these check questions:

• Did your accident happen less than five years ago?
• Is it a traffic accident, and was it less than three years ago?
• Did you only find out later that you had sustained damage or who was liable?
• Are you unsure if your deadline has already passed?

Are you unsure about the time limit? Then contact us as soon as possible. Sometimes a statute of limitations can be interrupted, causing the clock to start running again. The sooner you act, the more options are available. Are you too late? Even then, we will honestly look into whether anything is still possible.

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Have you gone through the four steps? Then list the answers for yourself. The more often you were able to answer 'yes', the greater the chance that you are entitled to compensation:

• Step 1: Is someone else liable for what happened?
• Step 2: Have you sustained injury or damage?
• Step 3: Is there a connection between the error and your injury?
• Step 4: Has your case not yet expired due to the statute of limitations?

Important to remember: this personal injury test provides an indication, not a legal judgment. Even if you answered 'no' or 'maybe' somewhere, it may be worthwhile to have your situation reviewed. A free consultation is the only way to get a definitive answer.

Do you want to know where you stand? Schedule a free appointment or contact us without obligation. We will call you back the same business day. Our assistance is 100% free of charge for you, you will never receive a bill, and you keep 100% of your compensation. We are affiliated with the NIVRE, the NKL, and De Letselschade Raad, so you know you are in good and reliable hands. You are stronger than you think, and we are happy to stand by your side.