Material versus Immaterial Damage: Differences and Combination in Westland
In Westland, with its busy greenhouse streets and agricultural traffic around places such as Naaldwijk and Poeldijk, personal injury claims often arise following accidents involving tractors or cyclists. Material damage includes measurable costs such as hospital bills from Delfland Hospital and loss of income for greenhouse workers (Article 6:95 DCC), while immaterial damage concerns compensation for suffering (smartengeld) for pain endured, such as after a fall on a slippery nursery road.
Key Differences in the Westland Context
| Aspect | Material | Immaterial |
|---|---|---|
| Calculation | Invoices from Delfland Hospital and payslips from growers | Equity, Smartengeld Guide and local medical reports |
| Evidence | Quantifiable via repair invoices and downtime from greenhouse work | Medical trajectory with Westland physiotherapist and subjective witness statements |
| Financial Impact | Direct financial, such as missed harvest income | Psychological suffering due to limited mobility in the flat polder landscape |
Combining Claims in Westland
Example from a recent accident on the Veilingroute in Honselersdijk: €35,000 material for car repairs and medical costs + €18,000 immaterial for whiplash and fear of gardening work. Full damage compensation requires claiming both via the subdistrict court in The Hague. Tax-free, but offsettable against Sickness Benefits from the Westland municipality.
Strategy for Westlanders: Engage a local personal injury lawyer for total damage calculation, including specific costs for recovery in the greenhouse horticulture sector, for maximum payout.