Calculation of Non-Pecuniary Damages: Methods and Guidelines
The calculation of non-pecuniary damages for immaterial harm does not follow a fixed formula but is based on guidelines derived from case law. Judges use the ANWB Non-Pecuniary Damages Guide and jurisprudence to determine a fair compensation. Factors such as the severity of the injury, duration of suffering, and impact on daily life play a crucial role.
Key Factors in the Calculation
- Severity of injury: Mild, moderate, or severe injury determines the range.
- Duration of complaints: Temporary or permanent psychological/physical impact.
- Age and personal circumstances: Younger victims often receive higher amounts.
- Medical evidence: Reports from doctors and psychologists are essential.
Practical Examples
For whiplash with PTSD, non-pecuniary damages are often awarded between €5,000 and €20,000. In cases of severe burns, this can rise to €100,000 or more. Victims must file a claim with the perpetrator or insurer, supported by expert reports.
Advice: Consult a personal injury lawyer for a realistic estimate. The Supreme Court emphasizes fairness over rigid tables.