smartengeld

Smartengeld is a Dutch legal term for compensation awarded for non-pecuniary damages resulting from an injury or other wrongful act. It covers pain and suffering, emotional distress, and impairment of enjoyment of life, and is distinct from compensation for financial losses such as medical bills or lost income.

The concept is applied in civil liability cases where one party’s fault causes harm to another. It is commonly claimed in personal injury matters, including traffic accidents, medical malpractice, and workplace incidents. Smartengeld addresses the impact of the incident on the victim’s well-being and daily functioning, rather than simply reimbursing out-of-pocket costs. It is not a punitive measure.

Judicial assessment of smartengeld follows case-specific considerations rather than a fixed tariff. Courts weigh factors such as the severity and duration of the injury, the effect on daily activities and future prospects, the victim’s age and life stage, and the psychological consequences. Medical evidence and the causal link between the act and the suffering are important, and contributory fault can influence the award. Because there is no universal standard amount, sums can vary widely between cases and jurisdictions within the Netherlands.

Claims are brought within the applicable statutory limitation periods and may also be settled outside court. Smartengeld forms part of the broader damages regime in Dutch civil law, alongside compensation for medical costs, loss of earnings, and other pecuniary damages. The concept reflects the recognition of non-material harm as a recoverable element in civil accountability.