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Calculation of Non-Pecuniary Damages in Rotterdam: Methods and Guidelines

Discover how Rotterdam judges calculate non-pecuniary damages using factors such as injury severity, duration, and age. Local practice examples from the port city and tips for claims.

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Calculation of Non-Pecuniary Damages in Rotterdam: Methods and Guidelines

In Rotterdam, the vibrant port city, the calculation of non-pecuniary damages for immaterial loss does not follow a fixed formula, but is guided by case law guidelines. Judges at the District Court of Rotterdam apply the ANWB Non-Pecuniary Damages Guide and recent jurisprudence from the Meuse city to determine a fair compensation. Factors such as the severity of the injury, duration of the suffering, and impact on daily life – think of the busy Erasmus Bridge or hectic port activities – are crucial.

Key Factors in the Calculation for Rotterdam Cases

  • Severity of injury: From minor traffic accidents on the A20 to severe injuries from port accidents, this determines the range.
  • Duration of complaints: Temporary inconvenience or permanent psychological/physical impact, often seen in city bicycle accidents.
  • Age and personal circumstances: Younger Rotterdam residents, such as students at Erasmus University, typically receive higher amounts.
  • Medical evidence: Reports from specialists at Erasmus MC or Ikazia Hospital form the basis.

Practice Examples from Rotterdam Case Law

For a whiplash with PTSD after a collision on the Willemsbrug, non-pecuniary damages are often awarded between €6,000 and €22,000 by the District Court of Rotterdam. For severe burns from an incident in the port, this can rise to €120,000 or more, as in recent cases. Victims file claims with the perpetrator or insurer, supported by reports from local experts.

Advice: Engage a specialized personal injury lawyer in Rotterdam for an accurate estimate. The Supreme Court and local rulings emphasize fairness, adapted to the Rotterdam context, over rigid tables.