Material versus Immaterial Damage: Differences and Combination in Delft
In Delft, where cyclists and pedestrians are often involved in accidents on the bustling Markt or along the canals, material damage comprises measurable costs such as hospital bills at Reinier de Graaf Hospital and loss of income (Article 6:95 BW). Immaterial damage concerns compensation for suffering (smartengeld) for pain and suffering, such as pain after a collision on Phoenixstraat. Both are combined in personal injury claims at the District Court of The Hague, Delft branch.
Key Differences
| Aspect | Material | Immaterial |
|---|---|---|
| Calculation | Invoices from Reinier de Graaf and payslips | Equity, Smartengeld Guide and medical reports |
| Evidence | Quantifiable via receipts and salary | Medical specialists and subjective testimonies |
| Financial Impact | Direct financial, e.g. bicycle repair | Psychological, such as fear of crossing canals |
Combining Claims in Delft
Example from Delft practice: after a bicycle accident on Oude Delft €28,000 material (medical costs and loss of income) + €18,000 immaterial. Full damage compensation requires claiming both via a local personal injury lawyer. Tax-free, but offsettable against benefits from the Juridisch Loket Delft.
Strategy: Engage a Delft expert for total damage assessment, taking into account local traffic congestion around Delft University of Technology. This way you maximize the payout and recover faster.