Pain and Suffering Compensation in The Hague: Everything about Non-Material Damage Compensation
In The Hague, for non-material damage, better known as pain and suffering compensation, you can claim compensation for non-financial disadvantages such as pain, emotional suffering or loss of enjoyment of life. This follows unlawful acts such as accidents or errors. Unlike material costs (e.g. bills or lost income), this focuses on psychological and emotional suffering. Many of these cases are handled at the District Court of The Hague, Prins Clauslaan 60.
Definition of Non-Material Damage
Non-material damage covers all non-economic losses, often from traffic accidents, medical errors, assault or bereavement. Legally compensable, even if not directly quantifiable.
Typical Types of Non-Material Damage
- Physical discomfort: Pain and physical discomfort due to injuries
- Emotional impact: Stress, PTSD, depression or anxiety
- Reduced enjoyment of life: Limitations in hobbies and daily life
- Bereavement for loved one: Grief after death
- Personal violation: Attack on privacy, reputation or dignity
Legal Basis
Article 6:106 of the Dutch Civil Code regulates pain and suffering compensation: equitable compensation for non-pecuniary damage in cases specified by law. In The Hague, the District Court of The Hague (Prins Clauslaan 60) handles these claims efficiently.
Right to Pain and Suffering Compensation: Overview
| Category | Conditions | Statute |
|---|---|---|
| Bodily injury | Physical or mental trauma | Art. 6:106(1)(a) CC |
| Fatal consequence | Survivors | Art. 6:108 CC |
| Sexual offence | Victim | Art. 6:106(1)(b) CC |
| Unlawful detention | Deprivation of liberty | Art. 6:106(1)(c) CC |
Calculation of the Compensation
Judges in The Hague determine the amount 'ex aequo et bono', based on the circumstances. No fixed amounts, but guidelines from judgments and practice.
Influential Factors
- Severity: More serious injury leads to higher amount
- Duration of suffering: Temporary or permanent
- Daily hindrance: Limitations in work and leisure
- Age: Young residents of The Hague often receive higher awards
- Mental effects: Trauma, phobias or depression
- Precedents: Previous cases at the District Court of The Hague
Concrete Cases from the The Hague Region
Case 1: Accident with Permanent Consequences
A 32-year-old resident of The Hague crashes on the A12 and suffers back complaints. After surgeries, chronic pain remains and no more marathons. The District Court of The Hague awarded €48,000 due to impact on young age and life.
Case 2: Medical Error in the Region
At a hospital in The Hague, nerve damage occurs due to carelessness during surgery. Patient suffers pain for years; insurer pays €35,000 pain and suffering compensation.
Case 3: Survivors' Compensation
Mother from The Hague loses partner in accident. She and the children receive €27,500 (her) and €17,000 per child for affection damage from the District Court of The Hague.
Advice for Claims in The Hague
Practical Steps
- Gather evidence: Medical records, injury photos, complaint diary
- Consult specialist: Start at Legal Aid Office The Hague, Lutherse Burgwal 10 for free advice, or hire a personal injury lawyer
- Act quickly: Limitation period after 5 years; District Court of The Hague handles locally
- Report to insurer: Request medical expertise
- Consider mediation: Faster than court proceedings
For personal help: visit District Court of The Hague (Prins Clauslaan 60) or Legal Aid Office (Lutherse Burgwal 10). Local experts maximize your claim.