Claims for damages

We assist businesses and private individuals with claims for damages under Dutch law. We act when you claim compensation and when a claim is made against you. We work in English and Dutch, for clients in the Netherlands and abroad. The first step is a free introductory meeting in which we assess liability, the damage and the limitation period.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• a supplier delivers late or defective goods and your business suffers lost profit;
• a contractor, adviser or other professional made an error that cost you money;
• you want to hold a counterparty liable and need a proper notice of default and liability letter;
• you have received a liability claim and want to know whether it is well founded;
• you suffered damage from an unlawful act, such as a breach of contract by a third party or a misleading statement;
• you want to know whether your claim is time-barred.

We do not handle personal injury claims. For those, we refer you to a lawyer who focuses on personal injury.

On what grounds can you claim damages under Dutch law?

Under Dutch law, the two main grounds for claims for damages are breach of contract and tort. In both cases you must show that the other party is liable, that you suffered damage and that the damage results from the event.

Breach of contract

Under Article 6:74 of the Dutch Civil Code, a party that fails to perform its contractual obligations must compensate the damage this causes. The failure must be attributable to that party. In most cases the debtor is only in default after a notice of default (ingebrekestelling) under Article 6:82. That is a written demand giving a reasonable period, for example 14 days, to perform. If performance has become permanently impossible, or a fixed deadline has passed, no notice is needed.

Tort

Without a contract, you rely on Article 6:162 of the Dutch Civil Code: the unlawful act (onrechtmatige daad). This covers infringing a right, breaching a statutory duty or acting contrary to what is generally accepted as proper conduct. The act must be attributable to the wrongdoer, and the violated rule must aim to protect against your type of damage. Our guide on tort law explains these requirements in more detail.

Strict liability

Some rules impose liability without fault. Examples are employers for employees (Article 6:170) and producers for defective products (Article 6:185).

Which types of damage can you claim?

You can claim financial loss and, in limited cases, non-material damage. The aim is to put you in the position you would have been in without the event, no better and no worse.

Under Article 6:96 of the Dutch Civil Code, financial loss includes both the loss suffered and the profit lost. Reasonable costs to limit or establish the damage and liability also qualify. Think of expert reports and extrajudicial collection costs. Non-material damage, such as distress, is only compensated in the cases listed in Article 6:106.

Type of damage	Example
Loss suffered	Repair costs, replacement of goods, costs of a substitute supplier
Lost profit	Turnover missed because production stopped for three weeks
Costs to establish damage	Report of an independent expert, reasonable legal costs before proceedings
Statutory interest	Interest from the date the damage arose (Article 6:119 or 6:119a for commercial transactions)
Non-material damage	Only in the cases listed in Article 6:106

Contracts often limit liability, for example to the contract value or to direct damage only. Such a clause is not always valid. Our article on limitation of liability explains when a court sets it aside.

How do you prove causation and your own share of the damage?

You must show that the damage would not have occurred without the event, and that it can reasonably be attributed to the liable party. If you contributed to the damage yourself, your compensation is reduced.

Under Article 6:98 of the Dutch Civil Code, the court looks at the nature of the liability and of the damage. Damage that is a foreseeable result of the breach is usually attributed. Remote consequences may fall outside. Under Article 6:101, the court divides the damage when circumstances on your side contributed. An example is failing to limit the damage after discovering it.

Evidence is decisive. Keep invoices, correspondence, photographs, accounts and expert reports from day one. The court can also estimate the damage under Article 6:97 when exact calculation is not possible. Under Article 6:109, a court may reduce compensation if full payment would lead to clearly unacceptable results.

How long do you have to claim damages?

A claim for damages under Dutch law becomes time-barred five years after you became aware of the damage and the liable person. In any event, it lapses twenty years after the event that caused the damage.

These periods follow from Article 3:310 of the Dutch Civil Code. You can interrupt the limitation period with a written notice in which you clearly reserve your right to performance (Article 3:317). A new five-year period then starts. Do not rely on negotiations alone: they do not interrupt the period. Different periods apply in specific cases, for example three years for product liability claims.

Situation	Period
Claim for damages (contract or tort)	5 years from awareness of damage and liable person
Long-stop for claims for damages	20 years from the event that caused the damage
Product liability	3 years from awareness, and the right lapses 10 years after the product was put into circulation

The full text of these rules is available on wetten.overheid.nl (Book 6 of the Dutch Civil Code).

How does working with Law & More work?

1. Introductory meeting: you explain what happened, and we check the deadlines, the documents and who may be liable.
2. Advice and cost estimate: we assess liability, the amount of damage and your chances, and give you an estimate of costs.
3. Approach and negotiation: we send a notice of default or liability letter and negotiate with the other party or its insurer.
4. Proceedings or completion: without a settlement, we go to court. The subdistrict court hears claims up to EUR 25,000; larger claims go to the district court. Our guide to the steps in a civil case shows how that works.

What does a claims for damages lawyer cost?

Our hourly rate is 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We discuss the rate and an estimate with you in advance. The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT.

External costs, such as court fees, bailiff costs and expert reports, are charged separately. If you lose a court case, you usually pay a fixed contribution to the other party's legal costs. Legal aid exists via the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis. Check whether your legal expenses insurance covers the matter.

Who handles your case?

Your case is handled by one of our lawyers; in the introductory meeting you will hear who. You can see everyone on our team page.

Frequently asked questions

Do I always need to send a notice of default before claiming damages?

In most contractual cases, yes. The debtor is usually only in default after a written notice giving a reasonable period to perform. A notice is not required if performance has become impossible, a fixed deadline has passed or the debtor has said it will not perform. When in doubt, send the notice, because a missing notice can block your claim.

When is a claim for damages in the Netherlands time-barred?

A claim for damages in the Netherlands becomes time-barred five years after you became aware of the damage and the liable person. It lapses in any event twenty years after the event that caused the damage. You can interrupt the period with a written notice clearly reserving your right to compensation. Negotiations alone do not interrupt it.

Can I claim compensation for stress or reputational harm?

Only in specific cases. Article 6:106 of the Dutch Civil Code allows it, for example, where the liable party intended such harm or where your honour or good name was harmed. Ordinary frustration about a breach of contract is generally not compensated. Amounts awarded by Dutch courts are usually modest.

Does a limitation of liability clause stop my claim?

Not necessarily. A court can set the clause aside if relying on it is unacceptable under reasonableness and fairness. That is typically the case with intent or deliberate recklessness. In consumer contracts, certain clauses in general terms and conditions are presumed unreasonable. We check the clause against the facts of your case.

Do you handle personal injury claims?

No. We do not handle personal injury cases, such as traffic accidents or injuries at work. Our work on claims for damages focuses on financial loss, for example from breach of contract, professional errors or unlawful conduct. For personal injury, we refer you to a lawyer who focuses on that field.

Who pays the legal costs if I win?

The losing party is usually ordered to pay a contribution to your legal costs. This contribution follows fixed court rates and is usually lower than the actual fees. Reasonable costs before proceedings can sometimes be claimed as part of the damage under Article 6:96. We give you a realistic picture of net recovery in advance.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.