Evidence in Non-Economic Damage Claims
Proving non-economic damage requires solid evidence, as psychological harm is subjective. Victims must demonstrate causality between the wrongful act and their complaints, in accordance with Article 6:162 of the Dutch Civil Code (BW).
Essential Evidence
- Medical records: Reports from general practitioners, specialists, and therapists.
- Psychological tests: Scores on PTSD or depression scales.
- Witness statements: Testimonies from family and colleagues regarding behavioral changes.
- Diaries and photographs: Personal records of pain and limitations.
Procedural Steps
Step 1: Submit a letter of claim to the insurer. Step 2: Request an expert examination. Step 3: Proceed to court in case of a dispute. The Dutch Act on Confiscation of Criminal Assets strengthens evidence in cases involving violence. Success depends on objective substantiation; subjective accounts alone are insufficient.
Tip: Retain all relevant documents from day one to build a strong case file.