Non-Material Damage Compensation in Rotterdam: Your Complete Guide
In Rotterdam, for non-material damage, also known as pain and suffering, you can claim compensation for non-material disadvantages such as pain, grief or psychological injuries caused by unlawful acts. Unlike material costs such as hospital bills or lost income, this focuses on non-material losses. Many of these cases are handled at the Rechtbank Rotterdam, Wilhelminaplein 100-125.
What Falls Under Non-Material Damage?
Non-material damage covers non-financial disadvantages due to incidents such as traffic accidents on the A13, medical errors in Rotterdam hospitals, assaults or grief over a loved one. This damage is indeed compensable under Dutch legislation.
Typical Types of Non-Material Damage
- Physical discomfort: Pain and hindrance due to injuries
- Emotional impact: Stress, PTSD, depression and mental traumas
- Loss of quality of life: Less enjoyment in life due to disability
- Grief loss: Pain due to death of relatives
- Personal violation: Attack on privacy, reputation or dignity
Legal Basis for Pain and Suffering Compensation
Article 6:106 Dutch Civil Code (BW) regulates the compensation of non-material damage. The injured party receives equitable compensation for non-pecuniary loss, as laid down in the law. In Rotterdam, the Rechtbank Rotterdam handles these claims efficiently.
When Are You Entitled to Compensation in Rotterdam?
Entitlement to pain and suffering compensation exists in cases of:
| Case | Conditions | Law |
|---|---|---|
| Injury | Physical or mental trauma | Art. 6:106 para. 1 a BW |
| Death | Surviving dependent | Art. 6:108 BW |
| Sexual offence | Victim | Art. 6:106 para. 1 b BW |
| Unlawful detention | Deprivation of liberty | Art. 6:106 para. 1 c BW |
How Is the Amount of Pain and Suffering Compensation Determined?
The compensation is determined 'at equity' by judges at the Rechtbank Rotterdam or insurers, based on the circumstances. No fixed amounts, but guidelines from judgments.
Influential Factors
- Severity of injury: More severe injury leads to higher payout
- Duration of suffering: Short-term or lifelong
- Daily functioning: Limitations in work and hobbies
- Age: Young Rotterdammers often receive higher amounts
- Mental effects: Diagnoses such as PTSD or phobias
- Precedents: Rotterdam case law
Rotterdam Examples of Pain and Suffering Compensation
Example 1: Accident on Erasmus Bridge
A 28-year-old Rotterdammer crashes on the Erasmus Bridge, resulting in permanent back complaints. No more football, daily pain. Rechtbank Rotterdam awarded €52,000 due to young age and life impact.
Example 2: Error at Maasstad Hospital
During surgery at Maasstad Hospital, nerve damage occurs due to carelessness. Years of pain, rehabilitation treatments. Insurer pays €38,000 in pain and suffering compensation for the suffering.
Example 3: Surviving Dependants after Fatal Accident
Mother dies in Rotterdam traffic accident. Widower and children receive affect damage: €28,000 for partner, €18,000 per child via Rechtbank Rotterdam.
Tips for Your Claim in Rotterdam
Practical Advice
- Document thoroughly: Medical records, injury photos, complaint diary
- Consult a specialist: Personal injury lawyer for optimal claim
- Act quickly: Limitation period after 5 years; start at Juridisch Loket Rotterdam, Westblaak 180
- Gather evidence: Witness statements and expert reports
- Negotiate smartly: Do not accept a low first offer
For free advice: visit the Juridisch Loket Rotterdam, Westblaak 180 or litigate at Rechtbank Rotterdam, Wilhelminaplein 100-125. This way you maximize your non-material damage compensation.