Pain and Suffering Compensation and Future Quality of Life in Tilburg
In Tilburg, a vibrant city in North Brabant with an active district court, chances of future limitations are discounted in cases of non-material damage such as pain and suffering compensation. This follows Article 6:106 of the Dutch Civil Code and recent Supreme Court case law, for a balanced compensation. Local judges at the Zeeland-West-Brabant District Court in Tilburg apply this in cases involving traffic accidents on the Ringbaan or bicycle incidents in the Spoorzone.
The Supreme Court in its judgment of 20 December 2019 (ECLI:NL:HR:2019:1960) ruled that probabilistic considerations are essential in cases of psychological injuries. A 70% chance of depression due to, for example, genetic factors, independent of an accident on Tilburg roads, significantly reduces the pain and suffering compensation. In Tilburg practice, this is often seen in victims of falls in the city centre or workplace accidents in the textile and logistics sectors.
Practical Examples from Tilburg
In whiplash claims following collisions on the A58 or N261, insurers often argue that complaints are temporary (good chance), which lowers the compensation. Victims from neighbourhoods such as Oud-Zuid or the Heikant collect diaries, medical records from ETZ TweeSteden Hospital, and witness statements to prove causation. Insurers consult the 'ANWB Pain and Suffering Guide' with regional adjustments for Brabant cases.
This method ensures fairness in Tilburg, but requires multidisciplinary expertise from local psychologists and labour experts for reliable prognoses about life in a city with heavy bicycle traffic and events such as the Tilburg Fair.