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Compensation for Non-Pecuniary Loss in Cases of Multiple Causation

Compensation for non-pecuniary loss in cases of multiple causes: pro rata allocation via the Dutch Compensation Guidelines. Factors such as duration of suffering and causation determine the amount, with examples for whiplash and PTSD.

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Key Principles for Calculating Compensation for Non-Pecuniary Loss in Cases of Multiple Causation

In personal injury cases involving multiple causes, compensation for non-pecuniary loss (immaterial damages) is allocated on a pro rata basis. Based on the Dutch Compensation Guidelines for Non-Pecuniary Loss (Smartengeldgids) and case law, this compensation addresses suffering such as pain and diminished enjoyment of life.

Calculation Method

Total non-pecuniary loss compensation × causal contribution percentage. In cases of pre-existing pain: only the aggravation is considered. The Dutch Supreme Court (ECLI:NL:HR:2018:123) applies a holistic approach.

Influencing Factors

  • Age and family situation.
  • Duration and intensity of suffering.
  • Medical prognosis.

Examples

InjuryCompensation RangeIn Case of Causation
Whiplash€5,000–€25,00050% in case of shared liability
PTSD€10,000–€50,000Full compensation under the 'thin skull' rule

Tip: Always claim the higher end of the range and substantiate with personal diaries or records.

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