Non-Material Damage Compensation in Westland: Everything You Need to Know
In Westland, for non-material damage, also known as pain and suffering compensation, you can claim compensation for non-material disadvantages such as pain, grief or psychological injuries caused by an unlawful act. Unlike material costs such as hospital bills or lost income, this focuses on non-material losses. The District Court The Hague (district Westland) handles such cases locally.
What Falls Under Non-Material Damage in Westland?
Non-material damage covers non-financial disadvantages arising from causes such as traffic accidents on the N213, medical errors in local hospitals, assaults or grief over a loved one. Although this damage is not directly monetary, it is compensable under the law. Contact the Legal Aid Office Westland for free initial advice.
Typical Types of Non-Material Damage
- Physical pain: Pain and discomfort due to injuries
- Mental trauma: PTSD, anxiety or depression
- Reduced enjoyment of life: Limitations in hobbies or work
- Grief loss: Pain due to death of loved ones
- Personal infringement: Attack on privacy or reputation
Legal Basis
Article 6:106 of the Dutch Civil Code (BW) governs the compensation of non-material damage at equity. In Westland, cases fall under the District Court The Hague.
When Are You Entitled?
Entitlement to pain and suffering compensation exists in cases of:
| Circumstance | Conditions | Statute |
|---|---|---|
| Injury | Physical or mental injury | Art. 6:106(1)(a) BW |
| Death | Survivors | Art. 6:108 BW |
| Sexual offence | Victim | Art. 6:106(1)(b) BW |
| Unlawful detention | Deprivation of liberty | Art. 6:106(1)(c) BW |
Calculation of Pain and Suffering Compensation
The judge in The Hague determines the compensation 'at equity', based on the facts, without fixed rates but with guidelines from previous cases.
Influential Factors
- Severity of injury: More severe injury = higher amount
- Duration of suffering: Temporary or permanent
- Daily life: Limitations in work or leisure
- Age: Younger Westlanders often receive more
- Mental impact: Disorders such as PTSD
- Case law: Local judgments
Westland Examples
Example 1: Accident on Westland Road
A 32-year-old horticulturist from 's-Gravenzande crashes on the N207, with permanent back complaints. No more sports, daily pain. District Court The Hague awarded €48,000 due to impact on work and life.
Example 2: Error in Westland Hospital
During surgery in Naaldwijk, nerve damage occurs due to negligence. Years of pain, re-operations. Insurer pays €35,000 pain and suffering compensation.
Example 3: Survivors after Fatal Accident
Mother from Monster dies in collision. Partner receives €28,000 relational damage, children each €17,000 for loss of father.
Tips for Claim in Westland
Practical Advice
- Document thoroughly: Medical records, photos, complaint diary
- Engage a lawyer: Local personal injury specialist for optimal claim
- Monitor limitation period: 5 years after event; start at Legal Aid Office Westland
- Approach insurance: Submit quickly to liability or third-party insurance
- District Court The Hague: Procedure via district for Westland
For personal advice: visit the Legal Aid Office Westland or a specialised lawyer.