Materiële schade
Material damage
Material damage is financially measurable loss someone suffers from a wrongful act or breach of contract, such as lost income, medical costs and damaged property.
Material damage
Material damage is all loss expressible in money that someone suffers because another committed a wrongful act or failed to perform a contract. In personal-injury practice it concerns the concrete, demonstrable financial consequences of an accident or occupational disease. The legal basis is Article 6:96 BW, under which financial loss is recoverable. Material damage is the counterpart of non-material damage (pain and suffering), governed by Article 6:106 BW.
Main forms in injury practice
Practical consequences
For material damage the full-compensation principle applies: the injured party must as far as possible be restored to the financial position they would have been in without the harmful event. All heads must be substantiated as well as possible with evidence such as invoices, payslips and medical reports. For future damage — such as permanent income loss — actuarial calculations are used. Note: the victim's contributory negligence (Article 6:101 BW) can reduce the compensation.
“After the traffic accident the victim claimed material damage consisting of €4,200 hospital costs, three months of lost income and the repair costs of his bicycle.”
Source: AI
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