Non-Material Damage Compensation in Delft: Your Complete Guide
In Delft, for non-material damage, better known as pain and suffering (smartengeld), you can claim compensation for non-material disadvantages caused by an unlawful act or error. Unlike material damage such as medical costs or lost income, this concerns non-material injury such as pain, emotional distress, grief and mental problems. For residents of Delft, help is nearby via the District Court of The Hague (district) and the Juridisch Loket Delft.
What Falls Under Non-Material Damage?
Non-material damage covers all non-financial losses suffered by a person, for example due to a traffic accident around TU Delft, a medical error in the Reinier de Graaf Hospital, an assault or the loss of a loved one. This damage is abstract, but legally compensable.
Typical Types of Non-Material Damage
- Physical pain: Pain and discomfort due to injuries
- Mental impact: Stress, PTSD, depression and emotional traumas
- Reduced enjoyment of life: Limitations in hobbies or daily life
- Grief for loved one: Sorrow after the death of a partner or child
- Personal infringement: Damage to reputation, privacy or dignity
Legal Basis for Pain and Suffering Compensation
Article 6:106 of the Dutch Civil Code (BW) regulates the compensation of non-material damage. It provides that in cases of non-pecuniary damage, a reasonable compensation is possible in the cases specified by law. In Delft, the District Court of The Hague (district) handles such cases efficiently.
When Are You Entitled to Compensation in Delft?
On the basis of Article 6:106 BW, this right applies in:
| Situation | Conditions | Legal Basis |
|---|---|---|
| Injury due to accident | Physical or mental injury suffered | Art. 6:106 para. 1 sub a BW |
| Damage due to death | As next of kin | Art. 6:108 BW |
| Sexual offence | Victim of violence | Art. 6:106 para. 1 sub b BW |
| Unlawful detention | Deprivation of liberty without basis | Art. 6:106 para. 1 sub c BW |
How Is the Amount of Pain and Suffering Compensation Determined?
The compensation is determined 'ex aequo et bono' by judges or insurers, taking into account specific circumstances. No fixed amounts, but guidelines from case law, relevant for cases at the District Court of The Hague.
Important Factors
- Severity of injury: More severe injury leads to higher amounts
- Duration of complaints: Temporary or permanent
- Impact on routine: Limitations in work or leisure time in Delft
- Age: Young residents of Delft often receive more
- Mental effects: Severe disorders such as anxiety or depression
- Case law: Comparable judgments
Practical Examples from the Delft Region
Example 1: Bicycle Accident on the Market
A 28-year-old Delft student breaks his arm in a collision and suffers chronic pain. He misses classes at TU Delft and can no longer play sports. The District Court of The Hague awarded €38,000 for pain, limitations and young age.
Example 2: Error in Medical Centre
During a procedure in a Delft clinic, nerve damage occurs due to negligence. The patient suffers pain for years and undergoes corrections. The insurer pays €28,000 in pain and suffering compensation for the suffering.
Example 3: Next of Kin after Accident
A parent from Delft dies in a car accident. The partner receives €22,000 in relational damage, the children each €14,000 for the loss, approved by the court.
Tips for Your Claim in Delft
Practical Advice
- Document everything: Medical records, injury photos and complaint diaries
- Consult a specialist: A personal injury lawyer or the Juridisch Loket Delft for free advice
- Act quickly: Limitation period after 5 years; start proceedings at the District Court of The Hague if necessary
- Research locally: Check regional case law for stronger claims
- Consider mediation: Faster and cheaper via the Delft Juridisch Loket
For personal advice in Delft: visit the Juridisch Loket Delft or litigate at the District Court of The Hague. This way you maximize your pain and suffering compensation.