What is a reasonable amount of damages?

Overijssel court 23 February 2015

A pedestrian is hit by a motorist while crossing the zebra crossing. He suffers very serious injuries as a result, including a high spinal cord injury (paralysed on arms and legs), very severe brain damage, and he can no longer breathe independently. Communication with others is no longer possible. He is incontinent and completely aid-dependent. Before the accident he, a 54-year-old healthy man, was full of life. After the injury, he was admitted to a special ward of the nursing home, where he was fully aware of his hopeless situation. After four months, the man died.

The motorist's insurer, Univé, has acknowledged liability. The insurer does not deny the seriousness of the injuries, but does differ with the next of kin on the amount of the compensation to be paid.

For Univé, the duration of the suffering is decisive in determining the amount of the damages. Because the victim had lived for a relatively short time after the accident, three months, Univé considers an amount of €30,000.00 reasonable as compensation for pain and suffering (€5,000.00 had previously been suggested by Univé!).

After defence by the next of kin, the Court considered that compensation for damages has not only a compensatory function but also a function of reparation. The duration of the suffering is not decisive, but only one of the factors. What is important is (above all) that the motorist is to be blamed for reckless driving, and that injuries of the severest category were inflicted, which entailed intense suffering of which the victim was very much aware. In view of all these circumstances, and the changed social views on compensation for suffering, and taking into account monetary depreciation, the court considers a sum of €125,000.00 in damages to be reasonable.

TIP: In case of serious injury to the victim (especially), hold the other party/insurer liable for material damage and compensation as soon as possible. Holding the other party/insurer liable must be done in the victim's lifetime. Otherwise, there is no right to grievance money. In this case, this was done in a timely manner, but this sad case shows that there can still be an awkward discussion about the amount of the grievance. What is important is that you let yourself be assisted in this and don't be put off! Labour InjuryAdvocates: we help you in difficult situations!