Evidence in Non-Material Damage Claims in Westland
In Westland, known for its greenhouse complexes and agricultural sector, victims of accidents must provide solid evidence for non-material damage claims. Psychological suffering, such as after a traffic accident on the N213 or a workplace accident in horticulture, is subjective. Causation between the unlawful act and the complaints must be proven in accordance with Article 6:162 of the Dutch Civil Code (BW), taking into account local factors such as seasonal pressure in horticulture.
Essential Means of Evidence
- Medical records: Reports from general practitioners in Naaldwijk, specialists at the Westland Medical Centre, or therapists in Poeldijk.
- Psychological tests: Scores on PTSD or depression scales, often used in injuries from greenhouse accidents.
- Witness statements: From family, colleagues from Westland greenhouses, or employers regarding behavioural changes and reduced work capacity.
- Diaries and photos: Personal records of pain, limitations, and impact on daily life in the region.
Procedural Steps in Westland
Step 1: Submit the claim to the insurer, often via local brokers in Honselersdijk. Step 2: Request an expert examination from regional experts. Step 3: Litigate at the District Court of The Hague if a dispute arises. The Act on Confiscating Criminally Obtained Profits provides additional evidential strength in violence cases, such as incidents during Westland fairs. Success depends on objective substantiation; subjective stories alone are insufficient before the cantonal judge.
Tip: Keep all relevant documents from day one, including payslips from horticulture, for a strong file with Westland law firms.