Pain and Suffering Compensation for Amputation in Delft
In Delft, you can claim pain and suffering compensation for personal injury resulting from amputation, covering non-pecuniary losses such as pain, emotional distress, and reduced quality of life. This is often combined with reimbursements for prostheses and other costs. The District Court of The Hague handles these cases for Delft residents. This article helps you as a Delft resident to understand your rights and file a claim.
Why Pain and Suffering Compensation for Amputation in Delft?
An amputation has a profound impact, both physical and psychological. Delft residents often suffer ongoing pain, visible scars, mobility issues, and mental health problems such as anxiety disorders or depression. Pain and suffering compensation covers these intangible injuries and supports recovery. This is particularly common in a cycling city like Delft, arising from accidents at busy spots like the Markt or around TU Delft.
Typically from bike accidents involving cars, workplace incidents at local companies, or medical errors in regional hospitals. Consider a student who loses a lower leg in a collision with a scooter and claims lifelong pain and suffering compensation alongside prosthesis costs.
Legal Basis for Pain and Suffering Compensation
Pain and suffering compensation is governed by the Dutch Civil Code (DCC), Book 6:
- Art. 6:95 DCC: Damages for unlawful acts.
- Art. 6:106 DCC: For non-pecuniary losses such as pain and suffering, bereavement damages, and scarring.
- Art. 6:162 DCC: Liability in traffic accidents.
Judges at the District Court of The Hague (venue for Delft) use the Pain and Suffering Guide from ANWB and Smartengeld.nl as guidelines, based on numerous rulings on amputations.
How is Pain and Suffering Compensation Calculated for Amputation?
The amount is always tailored, depending on:
- Age (younger Delft residents, like students, often receive more due to prolonged suffering).
- Affected body part (arm, leg, etc.).
- Prosthesis needs and complications.
- Mental impact (via psychological reports).
- Life expectancy, work, and leisure activities in Delft.
Overview of guideline amounts from 2023-2024 rulings (Pain and Suffering Guide):
| Type of Amputation | Guideline Pain and Suffering Amount | Example |
|---|---|---|
| Hand (fingers to wrist) | €40,000 - €80,000 | Workplace machine accident. |
| Forearm (to elbow) | €70,000 - €120,000 | Bike accident in Delft. |
| Upper arm | €100,000 - €150,000 | Serious traffic accident. |
| Lower leg (below knee) | €80,000 - €130,000 | Scooter collision. |
| Upper leg | €120,000 - €200,000 | Medical error. |
| Both legs | €250,000 - €400,000 | Extreme case. |
This in addition to pecuniary losses such as lost income or prosthesis costs (up to €100,000+).
Real-Life Examples from the Delft Region
Example 1: Mrs. Jansen (45, Delft) lost her forearm in a bike accident caused by an opening door on Oude Delft. The District Court of The Hague awarded €95,000 in pain and suffering compensation (based on recent cases), plus €60,000 for a prosthesis. Impact: her work as a hairdresser and family life.
Example 2: Mr. De Vries (32, TU Delft employee) underwent above-knee amputation after a workplace accident. Pain and suffering compensation of €165,000, due to his young age and sports background.
Personal circumstances determine the outcome.
Rights and Obligations When Filing a Claim
Rights:
- Full compensation if the at-fault party is liable (proven via police or Delft Municipality records).
- Advances from the insurer.
- Free examination by your own expert.
- Submit medical evidence and a pain diary.
- Cooperate with investigations.
- No contributory negligence.
Start at the Delft Legal Aid Office for free advice. Without a specialist, you may receive less.
Frequently Asked Questions
Am I eligible if the amputation was medically necessary?
Yes, if caused by someone else's fault (accident). No for purely medical amputations without negligence (Art. 6:162 DCC).
How long does a claim take in Delft?
1-3 years. Faster with accident insurance. Limitation period: 5 years (Art. 3:310 DCC).
Pain and Suffering Compensation with Prosthesis Reimbursement?
Yes, in addition. Prostheses €20,000-€50,000, replacement every 5 years. See Amputation and Prostheses.
At-Fault Party Without Insurance?
Via Guarantee Fund or relevant office. Your right remains.
Tips for Delft Residents
Maximize your claim:
- Hire a personal injury lawyer immediately (no win, no fee).
- Keep a pain diary.
- Seek psychological help for evidence.
- Request an advance from the insurer.
- Check the Pain and Suffering Guide and consult the Delft Legal Aid Office.
Related articles: Amputation and Prostheses,