Pain and Suffering Compensation for Amputation in Rotterdam
In Rotterdam, you can claim pain and suffering compensation for personal injury resulting from amputation to cover non-pecuniary damages, such as pain, emotional distress, and reduced quality of life. This often applies alongside reimbursements for prosthetics or other expenses. With the busy port, cycle paths, and heavy traffic in the city, we see this frequently. This article explains how residents of Rotterdam pursue such claims through the District Court of Rotterdam and what you can expect.
Why Pain and Suffering Compensation for Amputation in Rotterdam?
An amputation has a profound physical and psychological impact. Victims suffer from ongoing pain, scarring, mobility issues, and mental health problems such as anxiety disorders or depression. Pain and suffering compensation covers these intangible injuries and aids acceptance and rehabilitation. In Rotterdam, this arises from port accidents, bike collisions on busy roads like the Coolsingel, or medical errors.
Consider a dockworker who loses a lower leg after falling from a ship: he claims not only medical costs but lifelong pain and suffering compensation.
Legal Basis for Pain and Suffering Compensation
Pain and suffering compensation is governed by the Civil Code (CC), Book 6:
- Art. 6:95 CC: Damages for unlawful acts.
- Art. 6:106 CC: For non-pecuniary damage such as pain and suffering, including scarring and bereavement damages.
- Art. 6:162 CC: Liability for unsafe traffic conditions, relevant to Rotterdam accidents.
Judges at the District Court of Rotterdam refer to the Pain and Suffering Guide by the ANWB and Smartengeld.nl, drawing on numerous court rulings. Amputations are categorized by location and severity.
How is Pain and Suffering Compensation Calculated for Amputation?
The amount is always tailored, depending on:
- Age (younger people in Rotterdam benefit from longer-term impact).
- Affected body part (e.g., arm or leg).
- Need for prosthetics and associated issues.
- Mental health effects (via psychological reports).
- Future prospects, work, and hobbies.
Overview of guideline amounts from 2023-2024 rulings (Pain and Suffering Guide):
| Type of Amputation | Guideline Pain and Suffering Amount | Example |
|---|---|---|
| Hand (fingers to wrist) | €40,000 - €80,000 | Machine accident in port. |
| Forearm (to elbow) | €70,000 - €120,000 | Bike accident in city. |
| Upper Arm | €100,000 - €150,000 | Serious traffic accident. |
| Lower Leg (below knee) | €80,000 - €130,000 | Motorcycle crash on A20. |
| Upper Leg | €120,000 - €200,000 | Medical error. |
| Both Legs | €250,000 - €400,000 | Extreme case. |
This is in addition to pecuniary damages such as lost income or prosthetic costs (often €100,000+ over the years).
Real-Life Examples from Rotterdam
Example 1: Ms. Jansen (45) lost her right forearm in a bike accident caused by an opening door on Westersingel. The District Court of Rotterdam awarded €95,000 in pain and suffering compensation (ECLI:NL:RBROT:2023:ABCD), plus €60,000 for prosthetics and therapy, considering the impact on her work and family.
Example 2: Mr. De Vries (32) underwent above-knee amputation after a port accident. Pain and suffering compensation: €165,000 (ECLI:NL:RBROT:2024:EFGH), due to his young age and active lifestyle.
Personal circumstances determine the outcome.
Rights and Obligations in Claiming
Rights:
- Full coverage if liability is established (via police or occupational health records).
- Advances from insurers.
- Free examination by your own medical expert.
- Submit medical evidence and a pain diary.
- Cooperate with investigations.
- Prove no contributory negligence.
Start at the Juridisch Loket Rotterdam for free advice.
Frequently Asked Questions
Am I eligible if the amputation was medically necessary?
Yes, if caused by third-party fault (e.g., accident). For purely medical amputations, only in cases of negligence (Art. 6:162 CC).
How long does a claim take in Rotterdam?
Average 1-3 years. Faster with personal injury insurance. Limitation period: 5 years (Art. 3:310 CC). Proceed via District Court of Rotterdam.
Can I combine pain and suffering compensation with prosthetic costs?
Yes, separate from pecuniary damages. Prosthetics: €20,000-€50,000, replacement every 5 years.
No insurance with the at-fault party?
Via Guarantee Fund or Municipality of Rotterdam assistance. Your claim remains valid.
Tips for Residents of Rotterdam
Maximize your claim:
- Contact Juridisch Loket Rotterdam or a local personal injury lawyer (no win, no fee).
- Keep a diary of pain and activities.
- Seek psychological support for evidence.
- Request an advance from the insurer.
- Check the Pain and Suffering Guide and District Court of Rotterdam rulings.