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06 June 2025 2 min.

What changes in compensation for personal injury cases?

When an incident results in physical injury, the Indicative Table serves as a crucial guide for compensation calculations. While it only provides direction, it is widely used in both out-of-court settlements and legal proceedings to determine compensation for personal injury. The recent revision introduces significant changes, particularly with flat-rate amounts for permanent disability and moral damages in case of death, which have undergone a thorough update.

Bert Van Dessel
Bert Van Dessel

Manager Schade

Gebroken-been

Permanent disability

The most impactful change concerns compensation for permanent disability. The previous flat-rate amounts have been increased by 300%. Compensation per percentage of permanent disability now depends on the victim’s age. Some examples:

  • Age 20: €3,420 (previously €1,140)
  • Age 40: €2,520 (previously €840)
  • Age 60: €1,620 (previously €540)

For instance, a 40-year-old person with 15% permanent disability previously received €12,600 in compensation, while under the current Indicative Table, this amount has increased to €37,800—a difference of €25,200.

A new system for moral damages in case of death

Previously, the table applied a fixed flat-rate amount for moral damages following a death, without considering subjective criteria. The 2024 Indicative Table introduces a range system, where compensation is determined based on the intensity of the emotional bond with the deceased and the specific circumstances. Compensation now varies as follows:

  • Partners, parents, and children: €15,000 – €45,000
  • Siblings, grandparents, and grandchildren: €7,500 – €25,000
  • Miscarriage: €3,000 – €9,000
  • Other individuals: Compensation freely determined if a close legal or emotional bond can be demonstrated

This change brings a more nuanced approach, though its subjectivity may lead to disputes in complex and sensitive cases.

Other relevant adjustments

Alongside these core revisions, the new table also includes smaller adjustments:

  • The term ‘Medical Costs’ is now ‘Healthcare Costs’ (psychological expenses are now included)
  • Flat-rate compensations increase by approximately 15% for:
    • Assistance from third parties
    • Personal disability and hospitalisation
    • Pain damages (Quantum doloris)
    • Household damages
    • Education costs and economic losses
    • Loss of a school year
    • Aesthetic damages
    • Travel expenses
    • Clothing damages
    • Loss of vehicle use (bicycle: €10 → €12, car: €20 → €23)

Conclusion

The latest Indicative Table revisions provide a more detailed and realistic compensation framework, ensuring victims and their families are compensated more accurately and fairly.

This update marks a major step forward in compensation for personal injury cases, aiming for greater justice and fairness in the claims process.