Non-Pecuniary Loss and Future Quality of Life in Utrecht
In Utrecht personal injury cases, judges discount good and bad chances in non-material damage, such as non-pecuniary loss awards. This takes into account whether a victim from the region, for example after a bicycle accident on the canals, would also have experienced limitations without the incident due to hereditary conditions or age-related issues. Article 6:106 of the Dutch Civil Code remains the basis for non-pecuniary damage, applied in cases before the District Court of Midden-Nederland in Utrecht.
The Supreme Court in its judgment of 20 December 2019 (ECLI:NL:HR:2019:1960) emphasized probabilistic considerations in psychological injuries. A 70% chance of depression independent of the accident, such as in a Utrecht cyclist with a history, reduces the non-pecuniary loss award. Local judges in Utrecht follow this strictly, especially in traffic accidents around the Dom Tower or University Avenue.
Practical Examples from Utrecht
In whiplash claims following Utrecht bicycle collisions on the Oudegracht, insurers often argue that complaints are temporary (good chance), which reduces the compensation. Victims from the city collect diaries, medical records from UMC Utrecht, and witness statements from bystanders to substantiate causation. Insurers consult the 'ANWB Non-Pecuniary Loss Guide' with regional adjustments, tailored to Utrecht lifestyle and mobility.
This approach balances fairness in the vibrant Domstad, but requires multidisciplinary input from Utrecht experts such as neurologists from the WKZ for reliable prognoses on work and hobbies such as cycling or festivals.