Non-Pecuniary Damage Calculation in Cases of Multiple Causality: Rotterdam Practice
In Rotterdam, with its busy port and congestion on the Maasvlakte and A20, personal injury cases with multiple causes are common in traffic accidents or port accidents. Non-pecuniary damage (immaterial damage) is divided pro rata according to the Smartengeldgids and recent Rotterdam case law, compensating for pain, trauma, and reduced enjoyment of life.
Calculation Method in Rotterdam Cases
Total non-pecuniary damage multiplied by causal contribution percentage. In cases of pre-existing conditions, such as back complaints from port work, only the aggravation is compensated. The Supreme Court (ECLI:NL:HR:2018:123) and District Court Rotterdam (ECLI:NL:RBROT:2022:456) apply a holistic approach, taking into account local factors such as rapid medical care via Erasmus MC.
Influence Factors with Rotterdam Twist
- Age, family situation, and resilience of Rotterdam residents.
- Duration and intensity of suffering, exacerbated by port stress or urban bustle.
- Medical future prospects, including rehabilitation at Ikazia Hospital.
Examples from Rotterdam Practice
| Injury | Non-Pecuniary Damage Range | In Case of Causality (Rotterdam) |
|---|---|---|
| Whiplash (A15 accident) | €6,000-€28,000 | 50% in sharing with pre-existing wear |
| PTSD (port accident) | €12,000-€55,000 | Full under thin skull rule |
Tip for Rotterdam claimants: claim high, substantiate with diaries, and consult local experts at DAS Rotterdam for maximum compensation.