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compensation for pain and suffering
Pain and suffering damages are compensation for non-pecuniary loss, such as pain, grief or loss of enjoyment of life resulting from a tort or liability.
Non-pecuniary damages form part of the compensation awarded under Dutch tort law and compensate victims for the non-financial consequences of injury or an infringement of their person. They are distinguished from pecuniary damages in that they do not cover concrete costs but instead recognise the suffering and diminished quality of life.
In practice, non-pecuniary damages are awarded primarily in personal injury cases, such as road traffic accidents, medical negligence or incidents of violence. The amount is determined by reference to case law, non-pecuniary damages tables and the specific circumstances of the case, including the severity and duration of the injury.
Judges seek to ensure consistency in awards while also taking into account the personal impact on the victim.
“After the serious traffic accident, the injured party claimed damages for pain and suffering to compensate for the ongoing physical and mental distress.”
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