In Westland, you can claim non-material damage compensation (pain and suffering) from the government in addition to material damage. This compensates for emotional or psychological harm.
What does non-material damage entail?
Non-material damage concerns suffering that is not directly financially measurable:
- Emotional stress and distress
- Damage to reputation or honour
- Psychological impact
- Reduced quality of life
When can you claim pain and suffering?
You may be entitled to non-material damage compensation in cases of:
- Physical injury due to government failure
- Violation of personal integrity
- Damage to the memory of a deceased person
- Serious violation of fundamental rights
Examples within administrative law
| Circumstance | Compensation |
|---|---|
| Unlawful detention | € 80-105 per day |
| Delay in procedural deadline | € 500 per six months |
| Violation of privacy rights | Varies per case |
| Serious government errors | Dependent on impact |
Exceedance of reasonable term
A common reason for pain and suffering compensation is exceeding a reasonable term for procedures:
- Objection and appeal: max. 2 years
- Including appeal on points of law: max. 4 years
- Compensation: € 500 per half year of delay
Frequently asked questions about non-material damage in Westland
What is the amount of pain and suffering compensation?
The amount depends on the severity of the situation. Amounts can range from hundreds to several thousand euros.
Do I need to prove psychological damage?
In cases of serious breaches, damage is often presumed. In lighter cases, proof is required, such as medical statements.
How do I apply for this compensation in Westland?
You can submit this to the administrative court during an ongoing case or via the civil court. The Juridisch Loket Westland can assist you with this.
Legal support in Westland
For advice or help with filing a claim, you can contact the Juridisch Loket Westland. Cases are often handled by the District Court of The Hague, depending on the nature of the procedure.