Non-pecuniary loss after a violent offence

First the legal basis, then the amount

The general regulations for non-material damage are stated in Article 6:106 of the Dutch Civil Code. Various situations are distinguished, including physical injury and damage to the person in other ways. That is a legal framework, not a statement that every unpleasant event leads to the same compensation. In the event of a claim in criminal proceedings, the trial conditions and the connection with the assessed offense must also be examined. A highly claimed amount cannot replace a missing basis. (article 6:106 BW)

Our analysis uses three consecutive questions. Why do you think a claim exists, what concrete consequences substantiate it and how is the amount estimated? By keeping these steps separate, the explanation becomes human and testable. A victim does not have to put their experience into legal words, but the claim must make it clear which legal route is used. Appropriate support can help translate one's own description into a legal basis without exaggerating emotions or inventing complaints.

Physical injury and the course of recovery

In the case of physical injury, the nature, treatment, pain and recovery progress are important data for the budget. An initial diagnosis is not always the final picture. A wound can heal, while a restriction or scar remains; an initially serious complaint can also improve. Describe the situation with data and reliable sources. The goal is that the consequences in their development become visible, not that only the toughest day is presented as a permanent condition.

Ask what medical information is actually needed. A relevant treatment letter or short confirmation can be more appropriate than a complete file with unrelated health data. Also note what is uncertain about the prognosis or future. A victim can describe complaints in their own words, while medical conclusions are left to the competent practitioner or expert. If the situation is still changing, advice on the size and timing of the claim is important. A final settlement may have consequences for damages to be recovered later.

Mental damage requires appropriate substantiation

Own conditions apply to damage to the person in other ways. Serious consequences can be substantiated with concrete data; not every fear or emotional response is automatically sufficient. The Supreme Court also discussed this assessment in the 2019 overview judgment. Under certain circumstances, the nature and severity of the norm violation and consequences may have meaning, but a general reference to fear or sadness does not always replace the necessary substantiation. (Supreme Court also discussed this assessment in the overview judgment from 2019)

Therefore, describe what changed in daily life: sleeping, traveling, working, contact with others or the feeling of safety. Make it clear when this started and what support was sought. That is no encouragement to present every normal sadness as an illness. A diagnosis should be made by a qualified professional where relevant. Even without a broad medical file, a clear factual description can be important. The legal assistance provider can assess which data are necessary for the chosen basis and which remain unnecessarily private.

What the Rotterdam Scale has added since 2026

The Rechtspraak has been using recommendations for the application of the Rotterdam Scale since January 1, 2026. This classification helps compare compensation amounts according to the nature and severity of injury or damage to the person. The recommendations are not binding and leave room for customization. They do not independently decide whether someone is entitled to compensation. Anyone who simply accepts an amount from a bandwidth without describing its own consequences therefore skips a necessary step. (recommendations for application of the Rotterdam Scale)

The editorial added value of the scale lies in transparency. A party can better explain which category and factors seem relevant and why its own situation is comparable. At the same time, a comparison must make differences visible, for example recovery time or multiple damage. Use the version that is relevant for the assessment and read the explanation. An announced later recommendation is not automatically the applicable starting point on the day of submission. The legal assistance provider can check topicality and applicability before substantiating a final amount.

Comparison is not a sum of suffering categories

If there are multiple injuries or consequences, there is a risk that a separate amount is sought for each part and everything is added up. The same attack can be counted twice. A comparison with one exceptional statement can also give a distorted picture. The final budget requires coherence and attention to individual circumstances. The seriousness of the fact, consequences and relevant personal factors must be clearly linked to the requested total.

A useful comparison sheet therefore not only lists amounts but also similarities and differences. Does it involve similar injuries, recovery, treatment and lasting consequences? Have amounts from another period been adjusted or budgeted differently? The claim does not have to be a scientific study, but it must be transparent. An amount is not an objective measure of a person's worth or the recognition of their experience. That distinction helps prevent a moderate budget from feeling like a denial of what someone has experienced.

Sharing substantiation without unnecessary medical openness

A claim for damages is assessed in a procedure in which the other party must be able to respond. Therefore, ask in advance who can see which documents and whether necessary data can be supplied in a limited or shielded manner. A complete treatment history may contain very sensitive, unrelated information. This does not mean that relevant evidence should remain out of reach, but it does mean that selection and purpose are important. Discuss this with the lawyer or support person before sending files.

Make a distinction between a personal statement of consequences, medical findings and information from school or employer. Each source has a different function. An employer can confirm absence but does not automatically make a psychological diagnosis. A practitioner can describe complaints and treatment without deciding legal liability. By using sources appropriately, the claim remains verifiable and prevents one letter from having to carry all kinds of conclusions for which the writer does not have the right role or knowledge.

Compensation for damages in the criminal case requires a clear claim

The Rechtspraak explanation of compensation as a victim describes the joinder as an injured party. Clearly state the amount requested as non-material damage and the substantiation for this. A victim statement for the right to speak is not automatically the same act as submitting a concrete claim. The criminal conviction and the connection with the requested damage also remain important. Make sure the forms and attachments are consistent with each other. (Rechtspraak -explanation of compensation as a victim)

In the case of extensive or complicated damage, the treatment in the criminal proceedings may have limits. Inadmissibility is different from a substantive rejection. Ask what consequences a decision has for a possible civil route and a part that has not yet been budgeted. Do not use a standard sentence about more questions later without having the legal meaning assessed. The general in-depth information about the injured party discusses filing and decisions in more detail. A carefully chosen scope can help protect both intelligibility and future rights. (Claiming compensation as an injured party)

Do not confuse damages, shock damages and affection damages

A direct victim, a loved one who suffers serious mental injury and a loved one with a legal claim for affection damage are not automatically in the same legal position. Different conditions apply to these routes. The fact that someone is very involved and has a lot of sadness does not independently determine which claim exists. Different forms of damage should also not be grouped together as the same damages without explanation.

In the event of damage to a loved one, first have the correct basis and circle of beneficiaries determined. Describe your own consequences separately from those of the direct victim. In the case of affection damage, legal conditions surrounding the relationship and the serious consequences may be relevant; In case of shock damage, own requirements apply again. This article does not provide a standard amount for those routes. The practical point is that the right person should bring the right claim, with appropriate substantiation and without double counting of amounts that already compensate the same damage.

Fictional example: same injury, different recovery course

Two fictional victims have a similar injury on the first day. Some people recover quickly, others have limitations and a visible scar after treatment. It is not self-evident that the same initial injury leads to the same damages. The later development and concrete consequences can make a difference. A comparison that only uses the emergency room diagnosis leaves that information out of the picture.

Good preparation describes treatment, recovery and residual consequences with relevant documents. Uncertainties about the future are not presented as permanent damage. The legal assistance provider can use the Rotterdam Scale and other relevant data to justify the budget. The example underlines that customization does not have to be arbitrary: differences are identified and substantiated. It also does not say that someone with a faster recovery does not deserve recognition. The legal compensation and the human meaning of the event are related, but not completely the same.

A consequence map for entitlement and budget

Complete the card in plain words and have the legal basis assessed. Keep the data time-bound and avoid entering medical conclusions that have not been established. The map helps the legal counselor determine which documents are needed and which comparison is appropriate. It is not an automatic calculation method for an amount and does not replace an assessment of future or complex damage.

• Basis: direct victim or relative and the appropriate legal claim.
• Physical: injury, treatment, pain, recovery and any lasting consequences.
• Mental: concrete changes, duration, support and relevant professional findings.
• Daily life: work, school, mobility, relationships and activities before and after the event.
• Evidence: targeted source documents and safe handling of necessary medical information.
• Budget: comparable categories, relevant differences and substantiated total.
• Procedure: claim submitted, damage still uncertain and consequences of the decision.