Compensation for Pain and Suffering and the Principle of Hearing and Response
Compensation for pain and suffering (smartengeld) compensates for non-material damages such as pain and suffering. The principle of hearing and response (hoor en wederhoor) ensures a fair assessment, based on Article 6:95 of the Dutch Civil Code (BW). Both parties are entitled to review and contest medical and psychological reports.
Determination Criteria
Judges weigh factors such as the severity of the injury, age, and impact on daily life. You have the right to access all expert reports and may respond to them. In cases of medical malpractice, Article 7:750 BW is relevant for breaches of the duty of care.
- Submit personal statements for subjective damages
- Obtain a counter-expertise for objective rebuttal
- Consult precedents for comparable cases
Without the principle of hearing and response, you risk an underestimation of your claim. A specialized legal professional can assist in building a strong case, resulting in higher compensation. Recent ruling: €45,000 in compensation for pain and suffering following a back injury.
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