Non-Pecuniary Damage Calculation in Cases of Multiple Causality: Golden Rules for Westland
In Westland, known for its greenhouse complexes and agricultural sector, we often see multiple causes in personal injury cases from traffic accidents on the N209 or workplace accidents in horticulture. Non-pecuniary damage (immaterial damage) is divided pro rata according to the Non-Pecuniary Damage Guide and local case law. This compensates for suffering such as pain, reduced enjoyment of life and impact on Westland family life.
Calculation Method in Westland Practice
Total non-pecuniary damage multiplied by causal contribution percentage. In cases of pre-existing back complaints from years of greenhouse work: only the aggravation caused by a new accident. The Supreme Court (ECLI:NL:HR:2018:123) applies a holistic approach, as do recent cases at the District Court of The Hague for Westland residents.
Influence Factors with Local Twist
- Age, family situation and role in Westland community (e.g., greenhouse horticulturist).
- Duration and intensity of suffering, taking into account seasonal pressure.
- Medical prognosis, including rehabilitation at local clinics in Naaldwijk or Poeldijk.
Examples from Westland Context
| Injury | Non-Pecuniary Damage Range | In Case of Causality in Westland |
|---|---|---|
| Whiplash (bicycle accident on Westland roads) | €5,000-€25,000 | 50% in sharing with prior wear and tear |
| PTSD (trauma after greenhouse accident) | €10,000-€50,000 | Full under thin skull rule |
Tip for Westlanders: always claim high and substantiate with diaries plus testimonies from local GPs or personal injury lawyers in 's-Gravenzande.