Material versus Immaterial Damage: Differences and Combination in Tilburg
In Tilburg, material damage includes measurable costs such as hospital bills at ETZ TweeSteden Hospital and loss of income due to absence following an accident on the Ringbaan or a collision in the Spoorzone (Article 6:95 BW). Immaterial damage concerns compensation for suffering (smartengeld) for pain and suffering, such as pain after a fall on a slippery bike path in the city centre. Both are often combined in personal injury claims for local traffic accidents or workplace accidents.
Key Differences
| Aspect | Material | Immaterial |
|---|---|---|
| Calculation | ETZ invoices and payslips | Equity, Smartengeld Guide and Tilburg case law |
| Evidence | Quantifiable via receipts | Medical reports and witness statements |
| Financial Impact | Direct financial loss | Psychological suffering and reduced quality of life |
Combining Claims in Tilburg
Example from a recent Tilburg traffic accident on Doctor Deelenlaan: €35,000 material (including car damage and rehabilitation) + €18,000 immaterial. Full compensation requires claiming both via the subdistrict court in Tilburg. Tax-free, but offsettable against WAO benefits or local municipal schemes.
Strategy: Engage a Tilburg personal injury lawyer for total quantification, taking into account regional factors such as busy cycle routes and tram accidents for maximum payout.