Pain and Suffering and Future Quality of Life in Delft
Discounting good and bad chances extends to non-material damage, such as pain and suffering. This involves weighing whether the victim would also have experienced limitations without the accident, for example due to hereditary conditions or the demanding lifestyle in a vibrant student city like Delft. Article 6:106 of the Dutch Civil Code forms the basis for non-pecuniary damage.
The Supreme Court in judgment HR 20 December 2019 (ECLI:NL:HR:2019:1960) ruled that judges must make probabilistic assessments in cases of psychological injuries. A 70% chance of depression independent of the accident reduces the pain and suffering award. In Delft cases, such as bicycle accidents on the busy Markt or along the canals, this often plays a role for young victims from TU Delft.
Practical Examples from Delft
In whiplash claims following traffic accidents on the Rotterdamseweg or in the historic city centre, it is often argued that complaints are temporary (good chance), which lowers the compensation. Victims gather diaries, medical records from Reinier de Graaf Hospital, and witness statements from fellow students to prove causation. Insurers use the 'ANWB Pain and Suffering Guide' with adjusted amounts, adapted to regional incidence around Delft.
This method balances fairness but requires multidisciplinary expertise from local experts, such as neurologists from the Delft academic network, for accurate prognoses on future limitations in a city full of cyclists and tech-savants.