Pain and Suffering and Future Quality of Life in Leiden
In Leiden, with its vibrant student population and academic atmosphere, judges discount chances of future limitations in non-material damage such as pain and suffering. This applies to accidents at busy locations such as Breestraat or around Leiden University. In accordance with Article 6:106 of the Dutch Civil Code and recent Supreme Court case law, a balanced compensation is sought, taking into account local factors such as bicycle accidents among students.
The Supreme Court in judgment HR 20 December 2019 (ECLI:NL:HR:2019:1960) emphasized probabilistic considerations in psychological injuries. With a 70% chance of depression due to hereditary factors, unrelated to an accident near Leiden University Medical Center (LUMC), the pain and suffering amount decreases significantly.
Practical Examples from Leiden
In whiplash claims following collisions on the Nieuwe Rijn, it is often argued that complaints are temporary (good chance), which reduces the compensation. Victims from the Leiden region collect medical records from the LUMC, diaries, and witness statements from neighbors to substantiate causality. Local insurers refer to the 'ANWB Pain and Suffering Guide' with regional adjustments for Leiden-specific cases.
This approach ensures justice in the Leiden District Court, but requires multidisciplinary expertise from psychologists and labor experts for reliable prognoses on future study opportunities or work in the region.