Pain and Suffering Compensation and Future Quality of Life in Amsterdam
In the bustling streets of Amsterdam, where cyclists and trams collide daily, good and bad chances are discounted in non-material damage such as pain and suffering compensation. Judges weigh whether victims, often young cyclists with hereditary risks such as heart problems, would already have experienced limitations without the accident. Article 6:106 of the Dutch Civil Code remains the basis for non-pecuniary damage in this local context.
The Supreme Court in judgment HR 20 December 2019 (ECLI:NL:HR:2019:1960) emphasized probabilistic assessments in psychological injuries. For an Amsterdam cyclist with a 70% chance of depression due to familial predisposition, independent of a tram accident on the Damrak, the pain and suffering compensation is reduced accordingly.
Practical Examples from Amsterdam Courts
In whiplash claims following falls on the slippery canal paths, insurers often argue that complaints are temporary (good chance), which reduces the compensation. Victims from Amsterdam-South collect diaries, medical records from OLVG Hospital, and witness statements from fellow cyclists to substantiate causation. Insurers consult the 'ANWB Pain and Suffering Guide' with amounts adjusted to urban accident statistics.
Around the Nine Streets or in IJ ferry accidents, this method requires multidisciplinary expertise from Amsterdam personal injury lawyers and neurologists for reliable prognoses, balancing victim rights and insurance interests.