Pain and Suffering Compensation for Eye Injuries in Rotterdam
Pain and suffering compensation for eye injuries covers non-pecuniary losses such as pain, grief, and reduced enjoyment of life due to a damaged eye or impaired vision. Rotterdam residents affected by an accident or medical error can claim this as part of a personal injury case. Amounts range from a few thousand to tens of thousands of euros, depending on severity, with cases often heard at the Rotterdam District Court.
Why claim pain and suffering compensation for eye injuries in Rotterdam?
Eye injuries cause serious issues like persistent pain, blurred vision, depth perception problems, or blindness. In a vibrant city like Rotterdam, this restricts daily life: cycling through the city, working in the port, or enjoying hobbies along the Maas. Pain and suffering compensation for eye injuries provides financial recognition for this invisible harm.
Read more about medical details in our article Eye Injuries and Vision.
Legal basis for pain and suffering compensation
The foundation is Civil Code Book 6, Article 95 (DCC 6:95), which covers non-pecuniary damage from bodily injury and emotional harm. No maximum amount; the Rotterdam District Court refers to the Pain and Suffering Guide (updated annually by ANWB and the Dutch Association of Insurers).
Liability under DCC 6:162 (tort). For traffic accidents: WAM insurance. For port or construction accidents: employer and Working Conditions Act.
How much pain and suffering compensation for eye injuries?
The calculation is based on:
- Severity of injury: Percentage of vision loss, determined by an ophthalmologist.
- Duration of complaints: Temporary or permanent.
- Impact on life: Age, job in Rotterdam port or office, emotional effects.
Judges follow Pain and Suffering Guide guidelines. Indicative table (2023, excluding material damages, for Rotterdam cases):
| Type of eye injury | Average pain and suffering compensation | Rotterdam example |
|---|---|---|
| Particle in eye (short-term) | €500 - €2,000 | Branch in eye while walking in Kralingse Bos |
| Chamber hemorrhage (recoverable) | €5,000 - €15,000 | Ball to eye during soccer on Pleinweg |
| 50% blind in one eye | €15,000 - €25,000 | Bike accident with glass shard on Erasmusbrug |
| Completely blind in one eye | €25,000 - €40,000 | Machine accident in port area |
| Blind in both eyes | €150,000 - €300,000+ | Serious incident, assault |
Amounts are guidelines; the Rotterdam District Court adjusts based on evidence.
Rotterdam case examples
Example 1: Ms. Jansen (45, Rotterdam-South) loses 70% vision in left eye from bike crash into open door on Coolsingel. Claimed €28,000 pain and suffering plus €15,000 costs; insurer paid €42,000 after mediation.
Example 2: Mr. De Vries (30, port worker) blinded in one eye by workplace accident. Rotterdam District Court awarded €35,000 pain and suffering, plus retraining. See Claiming Workplace Accidents.
Example 3: Child with chemical injury at Rotterdam-South pool receives €10,000, considering future needs.
Rights and obligations when claiming in Rotterdam
- Full compensation: Pain and suffering, medical costs, travel expenses, glasses, and lost income.
- Expert assessment: Paid by the opposing party.
- Mitigate damage: Follow treatment, take care.
- Provide evidence: Medical records, photos, witnesses.
Statute of limitations: 5 years (DCC 3:310). Start at Juridisch Loket Rotterdam for free advice.
FAQ: Pain and Suffering Compensation for Eye Injuries in Rotterdam
Do I need a lawyer for a claim?
Not always, but recommended for >€5,000. No-win-no-fee with personal injury lawyers. Arslan Advocaten offers this.
How long does a claim take?
6 months to 2 years; faster with clear liability.
Pain and suffering if partly at fault?
Yes, but reduced (e.g., 20% fault = 20% less).
Where to find the Pain and Suffering Guide?
Online via ANWB/Letselschade.nl. It's a guideline, not binding. Contact Juridisch Loket Rotterdam.
Tips for Rotterdam residents
- Act immediately: See an ophthalmologist; photograph injury and scene (e.g., port or street).
- Document everything: Symptom log, costs, impact ("Can't sail the Maas anymore").
- File claim: Free via personal injury bureau or Juridisch Loket Rotterdam. Avoid direct contact with insurer.
- Support: Victim support (0900-0101); UWV for aids.
- Prevention: Safety goggles for port/sports work; check City of Rotterdam policy.
For advice: Contact Arslan Advocaten. We help Rotterdam residents maximize personal injury claims. Related articles