Pain and Suffering and Future Quality of Life in Rijswijk
In Rijswijk, where traffic accidents on the A4 and N442 often lead to personal injury claims, good and bad chances are discounted in non-material damage such as pain and suffering. Courts weigh whether victims would also have experienced limitations without the incident, for example due to hereditary conditions or the congestion in the Hague region. Article 6:106 of the Dutch Civil Code remains the basis for non-pecuniary damage.
The Supreme Court in judgment HR 20 December 2019 (ECLI:NL:HR:2019:1960) emphasized that probabilistic considerations are essential in cases of psychological injuries. A 70% chance of depression independent of a Rijswijk accident, for example due to work stress in the nearby region, significantly reduces the pain and suffering amount.
Practical Examples from Rijswijk
In whiplash claims following collisions on Rijswijk roads, insurers often argue that complaints are temporary (good chance), which reduces the compensation. Victims from neighborhoods such as Innen or Oud-Rijswijk collect diaries, medical records from HagaZiekenhuis, and witness statements to substantiate causality. Insurers consult the 'ANWB Pain and Suffering Guide' with regional adjustments for Hague suburban claims.
This approach ensures fairness in Rijswijk, but requires multidisciplinary expertise from local personal injury lawyers and prognoses based on regional health data.