Calculation of Non-Pecuniary Damages in Utrecht: Methods and Guidelines
In Utrecht, where traffic accidents frequently occur on the busy singels and around the Dom Tower, the calculation of non-pecuniary damages for immaterial harm does not follow a fixed formula but is guided by case law guidelines. Judges at the District Court of Midden-Nederland in Utrecht apply the ANWB Non-Pecuniary Damages Guide and current jurisprudence from the region to determine a fair compensation. Factors such as the severity of the injury, duration of the suffering, and impact on daily life, including Utrecht's dynamic urban context, play a crucial role.
Key Factors in the Calculation
- Severity of injury: Mild, moderately severe, or severe injury, often seen in Utrecht cycling accidents, determines the range.
- Duration of complaints: Temporary or permanent psychological/physical impact, taking into account local waiting times for therapy.
- Age and personal circumstances: Younger victims, such as students at Utrecht University, often receive higher amounts due to longer future impact.
- Medical evidence: Reports from specialists at UMC Utrecht or local psychologists are essential for claims.
Practice Examples from Utrecht
For a whiplash with PTSD following a collision on the Oudegracht, non-pecuniary damages are often awarded between €6,000 and €22,000 by the Utrecht district court. For severe burns from an incident in a busy hospitality venue, this can rise to €110,000 or more. Victims file a claim against the perpetrator or insurer, supported by expert reports from Utrecht medical centres.
Advice: Consult a specialised personal injury lawyer in Utrecht, such as at local offices around the City Hall, for a realistic estimate. The Supreme Court emphasises fairness over rigid tables, with recent rulings from Midden-Nederland as guidance.