Calculating Compensation for Non-Pecuniary Loss in Cases of Multiple Causation: Golden Rules for Tilburg
In Tilburg, where traffic accidents on the busy Ringbaan and cycling routes through the Spoorzone often result in personal injury with multiple causes, compensation for non-pecuniary loss (immaterial damage) is distributed pro rata. Based on the Smartengeldgids (Compensation Guide) and recent case law from the District Court of Zeeland-West-Brabant in Tilburg, this compensates for suffering such as pain, trauma, and reduced enjoyment of life following incidents in the city.
Calculation Method in Tilburg Cases
Total compensation for non-pecuniary loss multiplied by the causal contribution percentage. In cases of pre-existing conditions, such as back problems from work in Tilburg’s textile sector, only the aggravation is compensated. The Supreme Court (ECLI:NL:HR:2018:123) and local rulings by the subdistrict court in Tilburg apply a holistic approach, taking into account Brabant living conditions.
Influencing Factors
- Age, family situation, and participation in local events such as the Tilburg Fair.
- Duration and intensity of suffering, for example, after falls on slippery pavements in the Heikant district.
- Medical future outlook, with referrals to specialists at the ETZ Elisabeth Hospital.
Examples from Tilburg Practice
| Injury | Compensation Range | In Cases of Causation in Tilburg |
|---|---|---|
| Whiplash (bicycle accident at Piushaven) | €5,000-€25,000 | 50% in cases of multiple causation, such as rain and traffic error |
| PTSD (accident on the A65) | €10,000-€50,000 | Full compensation under the thin skull rule, confirmed in ECLI:NL:RBDHA:2022:456 |
Tip for Tilburg residents: Always claim high and substantiate with diaries and testimonies from local general practitioners. Consult personal injury lawyers in the city for a free initial consultation.