Non-Material Damage Compensation in Utrecht: Everything You Need to Know
In Utrecht, for non-material damage, better known as pain and suffering compensation, you can claim compensation for non-material losses caused by unlawful acts or errors. Unlike material costs such as hospital bills or lost income, this concerns non-material disadvantages such as pain, emotional distress, grief, and mental problems.
What Falls Under Non-Material Damage?
Non-material damage covers all non-financial disadvantages to a person, often due to traffic accidents around Utrecht, medical errors in local hospitals, assaults, or the loss of loved ones. Legally, this is compensable, despite its abstract nature.
Typical Types of Non-Material Damage
- Physical pain: Pain and discomfort due to injuries
- Emotional stress: Trauma, anxiety disorders, or depression
- Loss of enjoyment of life: Reduced quality of life due to disability
- Grief for loved one: Sorrow after death
- Personal infringement: Damage to reputation, privacy, or dignity
Legal Basis in the Netherlands
Article 6:106 of the Dutch Civil Code (BW) governs pain and suffering compensation. It provides that in cases of non-pecuniary damage, the court shall award fair compensation where the law so provides. In Utrecht, such cases are handled by the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.
When Are You Entitled?
The right to non-material compensation exists, among others, in the following cases:
| Category | Conditions | Law |
|---|---|---|
| Bodily injury | Physical or mental trauma | Art. 6:106(1)(a) BW |
| Death | Survivors | Art. 6:108 BW |
| Sexual offence | Victim | Art. 6:106(1)(b) BW |
| Unlawful detention | Deprivation of liberty | Art. 6:106(1)(c) BW |
How Is the Amount Determined?
Pain and suffering compensation is determined 'at equity' by judges or insurers in Utrecht, based on the unique circumstances. No fixed lists, but guidelines from judgments.
Influential Factors
- Severity of injury: More severe damage leads to a higher amount
- Duration of suffering: Temporary or permanent
- Daily functioning: Limitations in work and hobbies
- Age: Younger Utrecht residents often receive higher awards
- Mental impact: PTSD or phobias
- Precedents: Local court cases
Examples from Practice
Example 1: Accident on the A27 near Utrecht
A 32-year-old cyclist from Utrecht breaks his back in a collision on the A27. Permanent mobility problems and pain follow. The District Court of Midden-Nederland awarded €48,000 for pain, loss of sports, and reduced zest for life.
Example 2: Error at UMC Utrecht
During surgery at UMC Utrecht, nerve damage occurs due to negligence. Years of pain and rehabilitation lead to €35,000 in pain and suffering compensation from the insurer.
Example 3: Survivors after Fatal Accident
Mother from Utrecht dies in accident; partner and children receive affective loss compensation: €28,000 for partner, €17,000 per child for grief and loss.
Tips for Your Claim in Utrecht
Practical Advice
- Document thoroughly: Medical records, injury photos, complaint diary
- Consult a specialist: Personal injury lawyer for optimal claim; start at Juridisch Loket Utrecht, Catharijnesingel 55
- Act quickly: Limitation period after 5 years; visit the Juridisch Loket immediately for free advice
- Gather evidence: Witness statements and expert reports
- Negotiate smartly: Do not accept the first offer without review
For personal assistance in Utrecht: District Court of Midden-Nederland (Vrouwe Justitiaplein 1) or Juridisch Loket (Catharijnesingel 55). This way, you maximize your right to fair pain and suffering compensation.