skadevergoeding

Skadevergoeding, a Dutch legal term, translates to compensation for damages. It refers to the payment made by a party responsible for causing harm or loss to another party, with the aim of restoring the injured party to the position they were in before the damage occurred. This can encompass various types of losses, including financial losses, physical injuries, and emotional distress.

The principle of skadevergoeding is rooted in tort law, also known as unlawful act (onrechtmatige daad) in Dutch law. To claim skadevergoeding, it must generally be proven that a wrongful act or omission occurred, that this act caused damage, and that there is a causal link between the act and the damage. The party claiming compensation must also demonstrate that they have suffered actual damage.

Types of damages that can be compensated include material damages (materiële schade), such as medical expenses, repair costs, or lost income, and immaterial damages (immateriële schade), often referred to as pain and suffering. The amount of skadevergoeding is determined based on the extent of the proven damage. Courts play a crucial role in assessing liability and quantifying the appropriate compensation. In many cases, parties may attempt to reach an out-of-court settlement before resorting to legal proceedings. The concept is fundamental to ensuring accountability and providing redress for those who have been wronged.