Calculation of Non-Pecuniary Damages in Tilburg: Methods and Guidelines
In Tilburg and surrounding areas, the calculation of non-pecuniary damages for immaterial harm does not follow a fixed formula but is guided by judicial guidelines, such as the ANWB Non-Pecuniary Damages Guide and recent case law from the Zeeland-West-Brabant District Court. Judges in Tilburg consider factors such as the severity of the injury, duration of suffering, and impact on daily life, taking into account local circumstances such as traffic accidents on the Ringbaan or industrial incidents in the port.
Key Factors in the Calculation
- Severity of injury: From minor injuries in bicycle accidents in the Spoorzone to severe injuries from workplace accidents in Tilburg factories.
- Duration of complaints: Temporary inconvenience or permanent psychological/physical impact, assessed by local experts.
- Age and personal circumstances: Younger victims from Tilburg-Noord or elderly from the Reeshof often receive higher compensations.
- Medical evidence: Reports from Tilburg doctors, psychologists from the ETZ, and forensic experts are crucial.
Practice Examples from Tilburg
In a case of whiplash with PTSD following a collision on Doctor Deelenstraat in Tilburg, the court awarded €8,500. For severe burns from an incident in the Tilburg textile sector, this rose to €95,000. Victims file claims against the perpetrator or insurer, supported by reports from the Regional Trauma Centre. Local law firms such as those on Heuvelstraat specialize in these cases.
Advice: Engage a Tilburg personal injury lawyer for a realistic estimate. The Supreme Court and the Zeeland-West-Brabant District Court emphasize fairness, adapted to Brabant living conditions.