Pain and Suffering and Future Quality of Life in Westland
In the Westland region, known for its intensive greenhouse horticulture and agricultural labour, good and bad chances are also discounted in non-material damage such as pain and suffering. Judges weigh whether a victim, often a glass washer or greenhouse worker, would already have limitations without the accident due to repetitive labour or hereditary conditions. Article 6:106 of the Dutch Civil Code remains the basis for non-pecuniary damage.
The Supreme Court in judgment HR 20 December 2019 (ECLI:NL:HR:2019:1960) emphasised probabilistic considerations in psychological injuries. A 70% chance of depression due to chronic back complaints from greenhouse work reduces the pain and suffering award, as seen in Westland cases at the District Court of The Hague.
Practical Examples from Westland
In whiplash claims following bicycle accidents on the busy N209 or Poeldijkseweg, insurers often argue that complaints are temporary (good chance), partly due to the physically demanding Westland working conditions. Victims from Naaldwijk or Kwintsheul collect diaries, medical records from local general practitioners, and witness statements from colleagues to prove causation. Insurers consult the 'ANWB Pain and Suffering Guide' with regional adjustments for agricultural injuries.
This approach ensures fairness in Westland, but requires multidisciplinary expertise from physiotherapists and occupational physicians for reliable prognoses on return to greenhouse horticulture.