Intangible damages: how much can you claim?

Michael MichelClaims handler

Intangible damages are about compensation for emotional and psychological damage, such as pain and suffering, that you have experienced due to an accident. In this article, we discuss what exactly intangible damages are, how to calculate them and who can claim them.

Key Points of intangible damage

• Intangible damages involve emotional and psychological consequences such as pain and suffering, which are difficult to quantify and vary greatly from one individual to another.

• Accident victims and their loved ones may be entitled to intangible damages, including affection damages and shock damages for the impact of loss or injury.

• Legal help is essential to successfully claiming immaterial damages because lawyers are experts in gathering evidence and filing claims.

What is intangible damage?

Intangible harm is a form of damage that cannot be directly expressed in monetary terms, but can have a huge impact on a victim’s life. These include such things as:

• Pain

• Discomfort

• Leed

• Loss of enjoyment of life

This contrasts with property damage, which can be determined directly in monetary terms, such as medical expenses or lost income.

Consider, for example, the emotional consequences of a traffic accident. The pain and grief involved are intangible damages. These types of damages are often difficult to quantify because everyone experiences pain and suffering in their own way. What is experienced as a minor inconvenience for one person may have enormous emotional consequences for another.

Intangible damages are thus highly subjective and vary from person to person. It can include grief, pain and loss of enjoyment of life caused by an accident. This also makes it complicated to determine a standard amount of intangible damages. The complexity of intangible damages lies in the fact that they involve emotional pain, which is difficult to express in monetary terms.

Everyone experiences their own feelings. Pain and suffering are experienced uniquely by each individual. This means that there is no universal measure of intangible damages, which can sometimes make filing a claim difficult. However, it is important to know that there are ways to get compensation for this type of damage.

Different types of intangible damages

Intangible harm can manifest itself in a variety of ways and includes a wide range of emotional and psychological symptoms. Emotional damage such as sadness, anxiety and a reduction in enjoyment of life are common forms of intangible damage. These feelings can significantly affect a victim’s daily life and have long-lasting effects.

Psychological symptoms such as depression and trauma are also forms of intangible damage that can occur after an accident or other major event. For example, a person who suffers physical limitations due to an accident may also develop psychological problems in addition. These symptoms can range from mild anxiety to severe depression.

A specific form of psychological damage is post-traumatic stress disorder (PTSD), which can occur after experiencing a traumatic event. Victims of serious accidents or abuse can develop PTSD, which can severely impair their daily functioning. Therefore, it is very important that victims who suffer emotional damage from such events are entitled to compensation for intangible damages.

How are intangible damages calculated?

Calculating intangible damages is a complex task because it involves subjective experiences such as pain and emotional distress. The severity of intangible damages and the impact on daily life are important considerations in determining compensation. This means that each situation is unique and must be carefully assessed.

When determining intangible compensation, consideration is given to the nature of the injury, the duration of the injury and the impact on daily life. For example, someone who requires long-term recovery and experiences lasting emotional damage may receive higher compensation than someone who recovers quickly without lasting damage. Other factors such as the recovery period, emotional damage and recognition of suffering are also considered.

To claim compensation for mental injury, it is necessary to provide evidence of a clear link between the symptoms and the accident. Legal support plays a crucial role here in gathering evidence, such as medical reports and witness statements.

A personal injury lawyer can help determine this connection and file a claim. The amount of intangible compensation varies by person and accident, and is often determined based on the severity of the injury.

Compensation and intangible damages

Smart money is a specific form of compensation for intangible damages and is provided to victims who have suffered emotional distress. It is intended to compensate for the non-tangible consequences of an accident, such as pain and grief. Smart money is thus an important component of intangible compensation.

The amount of damages is determined by several factors, such as the severity of the emotional damage and its impact on daily life. There are no set amounts of money for damages, as each situation is unique and the circumstances of each case vary. This means that final compensation can vary greatly depending on the specific details of the case.

Determining the amount of punitive damages requires a thorough evaluation of the injury and gathering sufficient evidence to support the claim. An experienced attorney can be invaluable here, as he or she can take the appropriate steps to obtain just compensation.

Who can claim intangible damages?

Not only the direct victims of an accident can claim intangible compensation. Victims of traffic accidents, industrial accidents or medical errors are entitled to compensation for the emotional and psychological damage they have suffered. This means that a wide range of situations may be eligible for compensation.

An employee who has been mistreated or a victim of medical malpractice may also claim intangible compensation. This applies, for example, to a child who has been hit by a car and developed brain injuries and behavioral problems as a result. In such cases, the emotional damage can be enormous and it is important that compensation be awarded.

In addition, family members and loved ones of the victim may also be entitled to intangible compensation, depending on their relationship with the victim. This emphasizes the importance of recognizing the broader impact of an accident, not only on the immediate victims, but also on their loved ones.

Intangible compensation for family members

Family members of victims may also be entitled to intangible compensation in the form of compensation for affection damages. Affection damages are a form of grief compensation intended for loved ones of victims who suffer due to the loss or serious injury of their loved one. Partners, children and parents can claim this compensation when the victim was harmed by a third party.

The purpose of affection damages is to acknowledge the suffering of loved ones and help them process their grief. Compensation for affection damage varies between €12,500 and €20,000, depending on the situation. It is important to note that affection damage can only be claimed for incidents that occurred on or after Jan. 1, 2019.

In addition to affection damages, loved ones can also claim shock damages, compensation for the emotional damage they suffer as a result of the experience of the accident. This highlights the recognition that the emotional impact on family members can also be significant and warrants appropriate compensation.

The importance of legal help for intangible damages

Legal help can play a crucial role in claiming immaterial damages. Engaging an attorney significantly increases the chances of a successful compensation claim, as they specialize in determining the extent of damages and filing a claim. Professional legal help helps gather evidence and build a strong case.

There are numerous examples where legal help has been essential to obtaining damages. Here are some situations where this may apply:

1. An employee who became trapped under a freight elevator while at work may be entitled to grievance money as a result of his injury and its psychological impact.

2. A workplace accident victim can claim damages for the lasting effects of their injuries, such as disability and pain.

3. A woman who was injured in an accident and can no longer live independently as a result may be entitled to intangible compensation for her loss of autonomy.

The good news is that professional legal help is often free, allowing victims to get help without financial worries. This makes it possible for everyone to get the support they need to file a claim.

Examples of intangible damages

There are numerous examples of situations involving intangible damages. In a traffic accident, a pedestrian who suffered head and nerve injuries, as well as permanent psychological problems, may be entitled to compensation. Cases such as these show how far-reaching the consequences of an accident can be.

An employee who suffered blindness in one eye due to an accident during laboratory work is entitled to damages for the impact of the injury on his life. These examples illustrate how intangible damages can take a variety of forms depending on the specific circumstances of the victim.

Another example is a man who suffered serious injuries in a motorcycle accident, including a spinal cord injury. He experienced a drastic decrease in his quality of life and is entitled to intangible compensation. These stories underscore the importance of recognizing and compensating for intangible damages because the emotional impact is often just as great, if not greater, than the physical damage.

Summary

Clearly, intangible damages are a complex and multifaceted topic that deserves much more attention than it often receives. From the definition of intangible damages and the different types, to the calculation of damages and the crucial role of legal help, this blog post has covered all aspects to give you a good understanding of this important topic.

If you or a loved one has ever been the victim of an accident or other drastic event, it is crucial to know that there are options for obtaining compensation for the emotional and psychological damage you have suffered. Always contact an experienced attorney to maximize your chances of receiving just compensation.

Frequently asked questions about Intangible damages: how much can you claim?