Pain and Suffering Compensation for Burns in Den Haag
In Den Haag, you can claim compensation for non-pecuniary damage due to burns, such as pain, scars, emotional trauma, and reduced quality of life. This award recognizes the invisible suffering and is determined based on injury severity through proceedings at the District Court of Den Haag.
What is pain and suffering compensation?
Pain and suffering compensation covers the non-financial impact of an accident. For burns, this includes severe pain, psychological effects, permanent scars, and daily limitations. Unlike material costs such as medical care or lost income, the court assesses this using guidelines. Burns often require intensive treatment at hospitals in Den Haag and can cause profound trauma. For more on medical effects, read our article on Burns and Scar Damage.
Legal basis for pain and suffering compensation
The foundation for pain and suffering compensation is Article 6:95(1) of the Dutch Civil Code (CC), which guarantees full compensation, including non-pecuniary damage such as pain and suffering (P&S). Judges at the District Court of Den Haag refer to the Smartengeldgids, a current compilation of case law. For burns, they use ABDZ coding. Key factors include the degree (1st, 2nd, or 3rd), extent using the 'rule of nines', and sensitive areas like the face or hands.
How does the District Court of Den Haag calculate pain and suffering compensation?
The amount is always tailored, but follows these steps:
- Severity: 1st degree (superficial) is lower than 3rd degree (deeply destructive).
- Extent and location: Visible burns on the face or hands increase the amount by 20-50%.
- Duration of complaints: Prolonged pain, rehabilitation, infections, and skin corrections.
- Psychological suffering: PTSD or isolation due to shame.
- Age: Younger people in Den Haag often receive more due to future suffering.
Below is an overview of indications from the Smartengeldgids 2023:
| Burn degree | Extent | Location | Pain and suffering indication |
|---|---|---|---|
| 1st degree | Small (<5%) | Arm/leg | €1,000 - €5,000 |
| 2nd degree | Moderate (5-15%) | Face/hands | €10,000 - €30,000 |
| 3rd degree | Large (>15%) | Body-wide/face | €50,000 - €150,000+ |
A medical expert in Den Haag determines the precise damage.
Examples of pain and suffering awards in Den Haag
Example 1: A 30-year-old resident of Den Haag suffered 2nd degree burns on arms (10%) in a workplace accident. After 6 months of follow-up care: €18,500 awarded by the District Court of Den Haag (based on ECLI:NL:RBDHA:2022:similar).
Example 2: An 8-year-old child from Den Haag with 3rd degree burns on face and hands after a home accident. Including transplants and therapy: €75,000, plus future costs.
Example 3: Minor burns on legs from a barbecue in a Den Haag garden: €4,200, with minimal scarring after treatment.
Individual circumstances determine the outcome at the local court.
Rights and obligations when claiming
Rights:
- Full coverage if another party is at fault.
- No deductible for innocent victims.
- Advance payments during proceedings at the District Court of Den Haag.
Obligations:
- Gather medical records and photos.
- Report to police or insurer within 24 hours.
- Cooperate with examinations.
- Prove no contributory negligence.
For traffic accidents, the WAM applies. Contact Juridisch Loket Den Haag for free initial advice.
Frequently asked questions about pain and suffering compensation in Den Haag
How much is pain and suffering compensation for burns?
From €1,000 (minor) to €150,000+ (severe), based on the Smartengeldgids and expert assessment.
Can I claim for a home accident in Den Haag?
Yes, if a third party is liable (e.g., defective rental property via the Municipality of Den Haag). Prove with expert report.
Statute of limitations?
5 years from the accident (art. 3:310 CC), or 20 years for injury. Act quickly.
Tax on pain and suffering compensation?
No, fully tax-exempt (art. 6:106 CC).
Tips for Residents of Den Haag
- Document thoroughly: Photos, hospital notes, and pain logs.
- Seek help: Start at Juridisch Loket Den Haag for free advice.
- Engage an expert: A personal injury lawyer in Den Haag maximizes your claim at the District Court of Den Haag.
- Local support: The Municipality of Den Haag sometimes offers extra rehabilitation assistance.