Non-Material Damage Compensation in Amsterdam: Your Complete Guide
In Amsterdam, in cases of non-material damage, better known as pain and suffering compensation, you can claim compensation for non-material disadvantages such as pain, grief or psychological trauma caused by an unlawful act. Unlike material costs such as hospital bills or lost income, this focuses on immaterial suffering. Local institutions such as the Amsterdam District Court (Parnassusweg 220) handle many of these cases.
What Falls Under Non-Material Damage in Amsterdam?
Non-material damage covers non-financial losses due to accidents, medical errors, assaults or bereavement. In the bustling city of Amsterdam, this is often seen in cycling accidents or busy traffic situations. The law makes compensation possible, even though it is not directly measurable in euros.
Typical Types of Non-Material Damage
- Physical pain: Pain and discomfort due to injuries
- Mental trauma: PTSD, anxiety or depression
- Reduced enjoyment of life: Limitations in hobbies or work
- Bereavement for loved one: Grief after death
- Personal infringement: Reputation damage or privacy violation
Legal Basis in Amsterdam
Article 6:106 Dutch Civil Code (BW) governs this. Judges in Amsterdam apply 'reasonableness' to determine the compensation. Visit the Amsterdam Legal Aid Office (Vijzelstraat 77) for free advice.
When Are You Entitled?
| Situation | Conditions | Statute |
|---|---|---|
| Injury | Physical or mental injury | Art. 6:106(1)(a) BW |
| Death | Surviving dependent | Art. 6:108 BW |
| Sexual offence | Victim | Art. 6:106(1)(b) BW |
| Unlawful deprivation of liberty | Unlawful detention | Art. 6:106(1)(c) BW |
How Is the Amount Determined in Amsterdam Cases?
No fixed amounts, but judges at the Amsterdam District Court consider severity, duration, impact on life, age and psyche, supported by local case law.
Important Factors
- Severity of injury
- Duration of suffering (temporary/permanent)
- Daily hindrance
- Victim's age
- Mental effects
- Comparable judgments
Amsterdam Examples
Cycling Accident in City Centre
A 28-year-old Amsterdam resident crashes his bike due to a taxi. Permanent knee injury, no more marathons. Amsterdam District Court awarded €42,000 due to young age and urban impact.
Hospital Error in West
During surgery in Amsterdam-West, nerve damage occurs due to error. Patient receives €28,000 pain and suffering compensation after prolonged recovery.
Family Loss Due to Accident
After fatal tram accident: partner €22,000, children each €14,000 affection damage.
Tips for Claims in Amsterdam
Practical Advice
- Document: medical records, photos, complaint diary
- Hire personal injury lawyer: Increases success at Amsterdam District Court
- Statute of limitations: 5 years, start quickly via Legal Aid Office (Vijzelstraat 77)
- Local expertise: Choose Amsterdam specialist for cycling and traffic cases
- Insurance: Negotiate with liability or health insurers
For personal assistance: Amsterdam District Court, Parnassusweg 220 or Amsterdam Legal Aid Office.