Non-Pecuniary Damage in Delft
Non-pecuniary damage refers to the non-financial consequences of an incident, such as physical injury or psychological trauma, causing pain, grief, and emotional suffering. For Delft residents, this is key in personal injury law, where it results in pain and suffering compensation. This article explains what it involves, how it is assessed, and your rights as a victim in the area, referring to local services like the Juridisch Loket Delft.
What Does Non-Pecuniary Damage Mean for Delft Residents?
Non-pecuniary damage covers all non-economic losses from an accident, medical error, or other injury-causing event. Unlike pecuniary damage such as hospital bills or lost income, it focuses on your personal well-being. Think of ongoing pain, anxiety disorders, or reduced quality of life, for example after a fall on the Delftse Markt.
In case law, this often falls under 'deductible', but it extends beyond pain and suffering alone, including loss of hobbies like cycling along the canals or social isolation. As a Delft resident, you can claim it for tortious acts if proven. The Juridisch Loket Delft offers free initial advice on this.
Legal Basis for Non-Pecuniary Damage
The foundation is in Book 6 of the Civil Code (BW), particularly Article 6:95 BW for full compensation and Article 6:106 BW for liability. At the District Court of The Hague, which has jurisdiction over Delft, the judge assesses pain and suffering based on prior cases.
The Supreme Court (e.g., ECLI:NL:HR:2002:AD8131) rules that it must provide reasonable compensation for suffered harm. Causation is essential: the injury must directly link to the incident, confirmed by experts. For Delft residents with criminal aspects, the Confiscation of Proceeds of Crime Act may apply, but civil law prevails.
Examples of Non-Pecuniary Damage in Delft
Suppose you suffer a whiplash from a collision on Phoenixstraat in Delft: chronic pain, sleep issues, and reduced mobility lead to frustration and loneliness. Pain and suffering compensation may range from €5,000 to €20,000, depending on severity.
Or after negligent treatment at a local hospital: physical discomfort plus fear of further procedures, resulting in depression. The Essent ruling (ECLI:NL:HR:2010:BL1112) recognizes such psychological claims. For Delft children, it may involve developmental disorders; for seniors, accelerated decline. Medical evidence is always required.
Your Rights and Obligations Regarding Non-Pecuniary Damage
You are entitled to full non-pecuniary damage compensation, including pain and suffering. You must mitigate damage, e.g., through therapy at a Delft practice (Article 6:96 BW), or risk reduction.
Rights:
- Free initial consultation with a personal injury lawyer or Juridisch Loket Delft.
- Medical examination paid by the insurer.
- Advances from the liable party.
Comparison: Non-Pecuniary vs. Pecuniary Damage
| Aspect | Non-Pecuniary Damage | Pecuniary Damage |
|---|---|---|
| Definition | Pain, emotional suffering | Financial costs, income loss |
| Calculation | Subjective via case law | Objective with receipts |
| Examples | Pain and suffering after trauma | Hospital costs |
| Compensation | Lump sum | Ongoing until recovery |
This highlights why non-pecuniary damage is more challenging but vital for recovery in Delft.
Frequently Asked Questions About Non-Pecuniary Damage
Can I claim non-pecuniary damage for a workplace accident in Delft?
Yes, via employer or occupational health service. The Workplace Accidents Act applies; pain and suffering via insurance. Contact Juridisch Loket Delft.
How is the amount of pain and suffering determined?
Based on duration and severity of suffering, age, and medical reports, assessed by the District Court of The Hague.