Pain and Suffering in Tilburg: Your Right to Non-Material Damage Compensation
In Tilburg and surrounding areas, in cases of non-material damage, better known as pain and suffering, you can claim compensation for non-material losses caused by unlawful acts or errors. Unlike material damage such as medical costs or lost income, this concerns non-material disadvantages such as physical pain, emotional distress, grief and mental problems.
What Falls Under Non-Material Damage?
Non-material damage covers all non-financial disadvantages to a person, often caused by traffic accidents, medical errors, assaults or the loss of loved ones. This damage is abstract, but legally compensable.
Typical Types of Non-Material Damage
- Physical pain: Pain and discomfort due to injuries
- Emotional trauma: Stress, depression, post-traumatic stress and similar issues
- Reduced enjoyment of life: Lower quality of life due to permanent limitations
- Grief for loved one: Pain due to the death of a family member
- Personal infringement: Damage to privacy, reputation or dignity
Legal Basis in the Netherlands
Pain and suffering falls under Article 6:106 of the Dutch Civil Code (BW), which provides for equitable compensation for non-pecuniary damage in cases specified by law.
When Are You Entitled to Pain and Suffering?
On the basis of Article 6:106 BW, compensation applies in:
| Case | Conditions | Law |
|---|---|---|
| Bodily injury | Physical or mental trauma | Art. 6:106(1)(a) BW |
| Death | Survivors of victim | Art. 6:108 BW |
| Sexual abuse | Victim of sexual offence | Art. 6:106(1)(b) BW |
| Unlawful detention | Illegal restriction of freedom | Art. 6:106(1)(c) BW |
How Is the Amount of Pain and Suffering Determined?
The compensation is determined 'at equity' by judges or insurers, based on the facts of the case. No fixed lists, but guidelines from judgments.
Important Factors
- Severity of injury: More severe damage leads to higher amount
- Duration of suffering: Temporary or permanent
- Impact on daily life: Limitations in work and hobbies
- Age: Younger people generally receive more
- Mental impact: PTSD, phobias or depressions
- Case law: Similar cases
Real-life Examples from the Region
Example 1: Car Accident with Long-term Consequences
A 32-year-old from Tilburg breaks his back in a collision. Despite therapy, he continues to walk with a limp and daily pain, no more football. The District Court of Zeeland-West-Brabant awarded €42,500 due to permanent impact and young age.
Example 2: Error in Tilburg Hospital
During surgery in a Tilburg hospital, carelessness causes nerve pain. Patient suffers for years and undergoes corrections. Insurer pays €28,000 in pain and suffering for pain and recovery.
Example 3: Survivors after Fatal Accident
Mother from Tilburg loses partner in crash. She and children receive relational damage: €22,000 for her, €14,000 per child for grief.
Tips for Claim in Tilburg
Practical Advice
- Gather evidence: Medical records, injury photos, complaint diary
- Hire personal injury lawyer: Expert helps with maximum claim
- Act quickly: Limitation period after 5 years from incident
- Visit local institutions: Start at Legal Aid Office Tilburg, Spoorlaan 364 or District Court of Zeeland-West-Brabant, Wilhelminapark 100
- Negotiate with insurer: Do not blindly accept first offer
In Tilburg, you are at the right address for proceedings at District Court of Zeeland-West-Brabant, Wilhelminapark 100. For free advice: Legal Aid Office Tilburg, Spoorlaan 364. Do not let yourself be fobbed off and claim your right to pain and suffering!