Material versus Immaterial Damage: Differences and Combination in Zoetermeer
In Zoetermeer, material damage includes measurable costs such as hospital bills at Zoetermeer Hospital or loss of income due to absence following an accident on the N44 (article 6:95 BW), while immaterial damage concerns compensation for suffering (smartengeld), such as pain after a collision in the Stadshart. Both are often combined in personal injury claims for local traffic accidents.
Key Differences
| Aspect | Material | Immaterial |
|---|---|---|
| Calculation | Invoices from local pharmacies and payslips | Equity and Smartengeld Guides |
| Evidence | Quantifiable via Zoetermeer healthcare providers | Medical report and subjective testimonies |
| Financial Impact | Direct financial, such as repair costs for bicycle accident | Psychological suffering due to trauma in residential area |
Combining Claims in Zoetermeer
Example from Zoetermeer practice: After a collision on Rokkeveenseweg, €28,000 material (medical costs and loss of income) + €18,000 immaterial. Full damage compensation requires claiming both via the subdistrict court in Zoetermeer. Tax-free, but set off against benefits from local insurers.
Strategy: Engage a personal injury lawyer in Zoetermeer to quantify total damage, taking into account regional factors such as traffic congestion around the station, for maximum payout.