Immateriële schade

Non-pecuniary damage, also known as damages for pain and suffering, refers to harm that cannot be directly quantified in monetary terms. It encompasses physical pain, mental distress or interference with the personal sphere of life arising, for example, from an accident or a medical error.

Under Dutch tort law, such damage is compensable because victims are entitled to redress for their suffering, in addition to any pecuniary losses such as loss of earnings or medical expenses. The quantum is assessed by the courts having regard to the gravity of the injury, the duration of recovery and established case law.

In practice, claims for non-pecuniary damage are frequently advanced in personal injury proceedings in order to afford recognition of the claimant’s emotional and physical suffering.