Compensation for Pain and Suffering and Future Quality of Life in Zoetermeer
In Zoetermeer, a vibrant city with many cyclists and commuters traveling to The Hague, courts discount the chances of future limitations when assessing non-pecuniary damages such as compensation for pain and suffering. This applies to victims of traffic accidents on the N44 or Binckhorstlaan. In accordance with Article 6:106 of the Dutch Civil Code (BW) and recent Supreme Court jurisprudence, a balanced compensation is pursued, taking into account local factors such as the busy recreational areas around the Zoetermeerplas.
The Supreme Court, in its ruling of 20 December 2019 (ECLI:NL:HR:2019:1960), held that probabilistic assessments are essential in cases of psychological injuries. For instance, a 70% chance of depression due to hereditary predisposition, independent of a fall on a Zoetermeer bicycle path, reduces the compensation for pain and suffering. The District Court of The Hague, which has jurisdiction over Zoetermeer cases, applies this in local judgments.
Practical Examples from Zoetermeer
In whiplash claims following accidents on Oostwaalweg, insurers often argue that complaints are temporary (high probability), which reduces the compensation. Victims from Zoetermeer gather diaries, medical records from Langerhans Hospital, and witness statements from neighbors to prove causality. Insurers consult the 'ANWB Compensation Guide for Pain and Suffering' with regional adjustments for urban mobility.
This approach ensures fairness but requires input from local multidisciplinary teams, including psychologists from Zoetermeer, to provide reliable prognoses regarding work and hobbies such as watersports on the Zoetermeerplas.