Calculating Compensation for Non-Pecuniary Loss in Cases of Multiple Causation: Golden Rules for Delft
In Delft, with its vibrant student city life and busy bicycle traffic around TU Delft and the city center, personal injury cases with multiple causes are frequently observed, such as accidents on Phoenixstraat or near the Markt. Compensation for non-pecuniary loss (immaterial damages) is distributed pro rata, based on the Smartengeldgids (Compensation Guide for Non-Pecuniary Loss) and recent jurisprudence from the District Court of The Hague, which has jurisdiction over Delft.
Calculation Method in Delft Cases
Total compensation for non-pecuniary loss multiplied by the causal contribution percentage. In cases of pre-existing conditions, such as back problems from prolonged cycling in the city, only the aggravation is compensated. The Supreme Court (ECLI:NL:HR:2018:123) and local rulings by the subdistrict court in The Hague apply a holistic approach, tailored to the living conditions in Delft.
Influencing Factors with Delft Context
- Age, family situation, and role within the Delft community, such as students or historical guides.
- Duration and intensity of suffering, for example, due to reduced participation in events like the Delft Student City Festivals.
- Medical outlook, including waiting times at Delft general practitioners and Reinier de Graaf Hospital in the nearby Delft region.
Examples from Delft Practice
| Injury | Compensation Range | In Cases of Causation in Delft |
|---|---|---|
| Whiplash (bicycle accident on TU campus) | €5,000-€25,000 | 50% in cases of multiple causation, such as slipping on wet cobblestones |
| PTSD (accident at Oostportaal) | €10,000-€50,000 | Full compensation under the thin skull rule, even with underlying stress |
Tip for residents of Delft: Always claim high and substantiate with diaries and testimonies from local cyclists or neighbors. Consult a personal injury lawyer in Delft for optimal handling through the subdistrict court.