Claiming compensation as an injured party

A declaration and a claim for damages are different actions

A report draws attention to a possible criminal offense. A claim as an injured party also requires a decision on damages. The Rechtspraak explanation about compensation describes how to submit a form with supporting documents. Do not assume that the judge will automatically treat all costs mentioned in the file as a claim. Check whether your wish to recover damages has actually been recorded and received correctly. (Rechtspraak -explanation of compensation)

Our editorial analysis starts with the purpose of every action. Do you want information about the criminal case, use the right to speak or compensation for damage? These may be related wishes, but they are not all arranged with the same form. If you are unsure, ask which pieces are still missing and who can support you. Keep a copy of the submitted claim with attachments and confirmation of receipt. This makes it possible to determine later what exactly was requested, even if the case is moved or continues on appeal.

Direct damage and the connection with the proven fact

The Code of Criminal Procedure regulates who can join the proceedings as an injured party. An important question is whether the damage is directly related to the criminal offense within the applicable framework. As a result, not every unpleasant or costly event involving the same person falls within the same claim. The precise accusation and finding of proof can also set limits. A broad relationship history may contain more damage than can be assessed in the criminal case in question. (Code of Criminal Procedure)

Therefore link each post to a specific event. For example, in the case of a destroyed phone, this concerns what incident damaged the device and what repair or replacement costs are reasonable. In the case of income damage, it must be clear what loss was caused by the event. In 2019, the Supreme Court provided an overview of points of interest for the claim. The practical lesson is that the substantiation must make visible why precisely this damage is linked to the actions assessed in the case, without only pointing out the seriousness of the event. (Supreme Court provided an overview of points of attention for the claim in 2019)

From a stack of receipts to a damage overview

A damage overview has a description, date, amount, supporting document and explanation of the connection by post. This is more than administration: it helps prevent costs from being requested twice or from an important part remaining unexplained. Split costs incurred and expected future damage. When making an estimate, please indicate what information is still missing and what the current amount is based on. A rounded total without a calculation method can be difficult for the judge and defense to check.

Work with recognizable attachment numbers. An invoice for repairs belongs in the appropriate mail, not somewhere behind a folder with unrelated medical correspondence. Also explain whether amounts have actually been paid, are still due or have been reimbursed by an insurer. The legal consequences of this may differ. An overview should not reduce human consequences to just money, but it must be precise for the financial decision. The oral explanation can then focus on what still needs explanation.

Carefully estimate repair, replacement and loss of income

Material damage can take different forms. In the case of a damaged item, repair costs, value and possible replacement cannot simply be added together. In the case of missed income, a distinction must be made between what would normally have been earned and what income or allowances continued nonetheless. The Civil Code, Book 6, provides the general framework for damages and attribution. The specific item requires appropriate substantiation, not a standard amount because the incident was serious. (Civil Code Book 6)

For example, a self-employed person cannot simply claim all lost turnover as personal income loss without considering the relevant costs and circumstances. An employee may need pay slips and an employer's statement to make an actual loss visible. Also mention costs that were necessary to limit damage. In the event of complex future damage, expert or specialized support is often useful. A simple criminal consolidation procedure cannot automatically support every extensive calculation; the structure must therefore be discussed in a timely manner.

Describing consequences is different from proving an amount

Legal conditions apply to non-material damage. Fear, sadness or frustration can be drastic, but do not automatically give rise to a claim for damages in every situation. The nature of the injury, impairment and substantiation must be assessed. In some circumstances the severity of the norm violation and the consequences may be significant; a general reference to a shocking event is not always enough. Have the right foundation chosen.

Describe concrete changes in daily life and support them with relevant data where necessary. Limit medical information to what is necessary for the claim and ask how confidential documents are handled. Similar statements can help with budgeting, but are not a price list for human suffering. The in-depth section on non-material damage after violence discusses this separately. A clear distinction between actual consequences, legal claim and budget makes the claim more understandable and prevents one strong emotional story from having to fulfill all evidentiary functions. (Non-pecuniary loss after a violent offence)

Submitting on time gives room for a real assessment

Please note the instructions and response date in the official correspondence. The law has rules for joinder, but waiting until the last possible moment can make the assessment practically difficult. The other party must be able to respond and the judge must be able to understand the substantiation. If documents are not yet available, discuss how a timely, clear claim and possible addition can be organized. A general statement that damage will follow later is not always sufficient for a specific amount.

In the event of an appeal, ask what happens to the previous claim and what additional action is required for an unallocated part. Don't assume a completely new, unlimited option to add everything. The rules depend on the previous decision and legal position. Therefore, keep the original claim and the ruling together. A support process is stronger when the entire process is available, including compensations received in the meantime and changes in the damage.

A dispute does not need to be answered personally

The suspect can dispute the damage, the connection or the amount. This may feel like a denial of the experience for a victim, but the claims procedure also requires a verifiable financial and legal assessment. Therefore, try to read a defense by post. Is the event disputed, the need for a cost item or the calculation? A targeted response is usually more helpful than simply emphasizing that the fact has had a great impact.

If a receipt is missing, other evidence may sometimes exist, but this must be explained honestly. Your own list is not the same as an invoice; a quote is not the same as a paid repair. Do not create replacement receipts as if they were original. Ask for help in formulating the substantiation and discuss what uncertainty can still be reduced. The aim is for the judge to be able to make a verifiable decision, even when some parts of the damage have not yet been fully established.

Assigning, rejecting and not treating have different consequences

The judge can grant a claim in whole or in part, reject it or declare the injured party inadmissible in whole or in part. Those outcomes are not the same. In the event of inadmissibility, for example, an excessive burden on the criminal proceedings may play a role, without the civil claim having been substantively rejected. In the event of a substantive rejection, there may be other consequences for further procedures. Have the exact decision read before you try to claim the same damages again.

A partially allocated amount also requires explanation: which part has been decided and what may remain open? Save the judgment with the postal claim. A blanket summary that you get nothing can obscure the difference between rejection and inadmissibility. In addition, have an assessment made of which legal remedies or civil options exist and what time limits apply. The criminal judgment and the possibility of later recovering another part of the damage depend on the concrete operative part and the scope of the decision.

Separate a title and actual payment

If a compensation measure is imposed, CJIB may be involved in the collection. That is something different than just a civil order for payment. An advance payment arrangement may also be relevant under certain conditions. Do not assume that every amount awarded will be paid immediately or that every claim will automatically receive the same collection. Ask which measure has been imposed, when the decision is enforceable and which authority informs about payment.

A fictitious calculation example makes the importance of breakdown visible. Suppose someone asks for 300 euros in repair costs and 80 euros in necessary travel expenses, and has already received 100 euros in reimbursement. It must then be clear to which item the compensation relates and what remainder is still claimed. The example says nothing about a guaranteed claim, but prevents double counting. Make a note of subsequent payments as well. A clear payment overview protects both the victim and the accuracy of the final collection.

A damage map for an assessable claim

Use this card as preparation, together with the official form and relevant instructions. Keep the overview readable and number attachments consistently. The map is not a substitute for legal assessment in the event of major, future or complex damage. It does help to see at an early stage what information is missing and which items need to be substantiated simply or more extensively. Only share information that is necessary for the claim.

• Event: which fact and which damage are directly linked.
• Items: description, date, amount and distinction between incurred and future damage.
• Evidence: invoice, proof of payment, income details or other relevant source by post.
• Calculation: assumptions, estimates, compensation received and remaining amount.
• Intangible: legal basis, concrete consequences and necessary substantiation.
• Procedure: submitted form, receipt, possible addition and decision per part.
• Payment: compensation measure, responsible authority and amounts received.