Working hour limitations in personal injury cases: why social security law falls short After an accident, everything can change. Not just your ability to work, but also your energy levels, daily functioning and private life. In personal injury cases, it is therefore essential to assess what you are still capable of. One of the most difficult questions is: how many hours are you actually able to work? In practice, this is often assessed using social security law. However, this system...

Damages for loss of affection in serious injury cases Since 1 January 2019, Dutch law allows relatives and close loved ones to claim compensation for loss of affection damages in certain situations. This type of compensation is intended to acknowledge the emotional suffering experienced when a loved one dies or suffers serious and permanent injury. In practice, however, it is precisely this latter requirement that proves difficult. When does an injury qualify as both serious and...

Expansion of eligible claimants for bereavement damages Since 1 January 2019, it has been possible for relatives and next of kin to claim compensation for bereavement damages. This concerns non-material damage: the grief and emotional suffering experienced when a loved one is seriously injured or passes away. However, not everyone automatically qualifies for this compensation. In practice, this particularly affects brothers and sisters. In this blog, I explain how the legal framework...

Workplace accidents in detention Work is also performed within a penitentiary institution. Think of cleaning, kitchen duties, laundry services, metalwork or production activities through In-Made. For detainees, work is often a fixed part of the day and is intended as meaningful activity and preparation for reintegration into society. But what happens if something goes wrong and a detainee suffers an injury while working? That question was central in an important case involving a...

Horse riding injuries and contributory negligence An accident involving a horse can have serious consequences. Especially when the injuries are severe, you want to know who is liable and what part of the damage should be compensated. In practice, however, that is not always straightforward. In horse-related injury cases, one of the key questions is often whether the injured person is also considered to have accepted part of the risk. In this blog, I explain how courts deal with...

Loss of self-reliance after injury After an accident, daily life can change drastically. Tasks in and around the house that once felt routine may suddenly no longer be possible. In personal injury cases, this is referred to as loss of self-reliance. But when does this type of damage actually qualify for compensation? A recent decision by the Arnhem-Leeuwarden Court of Appeal shows that this is not always straightforward. Even in cases involving severe injury, a claim can be rejected...