Shock damage refers to psychological harm that arises from witnessing a serious accident or its immediate aftermath. This is separate from other claims such as death-related damage.
What does shock damage entail?
Shock damage concerns mental harm, such as post-traumatic stress disorder (PTSS), caused by:
- Directly experiencing a serious incident
- Being directly confronted with the consequences (e.g., seeing a body)
- Hearing about the accident (recognized to a limited extent)
Conditions for shock damage (Taxibus ruling)
According to the Supreme Court, certain criteria must be met:
- An officially recognized psychiatric disorder must have been diagnosed
- The accident must be attributable to the party at fault
- There must be a strong emotional bond with the victim
- The confrontation must have been direct enough
Who can file a claim for shock damage?
| Relationship to victim | Possibility to claim |
|---|---|
| Partner or parent | Yes, upon direct confrontation |
| Child of the victim | Yes, upon direct confrontation |
| Sibling | Sometimes, with a very close bond |
| Friend or colleague | Exceptionally, only with an exceptional bond |
| Random bystander | No as an independent claim against the party at fault |
Burden of proof for shock damage
To claim shock damage, you must demonstrate:
- An officially diagnosed psychiatric disorder
- That this disorder was caused by the confrontation
- The close emotional bond with the victim
What compensations are possible?
In a successful shock damage claim, you can submit similar damage items as in cases of physical injury:
- Costs for medical or psychological assistance
- Loss of income
- Pain and suffering compensation for immaterial damage
Can I claim shock damage if I did not see the accident myself, but did see the aftermath?
Yes, directly seeing the serious consequences, such as a body, can be sufficient. The emphasis is on the directness of the confrontation.What if PTSS develops later?
Delayed PTSS can also be claimed, provided it stems from the confrontation with the accident. The limitation period starts when you become aware of the damage.Does shock damage differ from affection damage?
Yes, these are different claims. Affection damage is a standard compensation for grief, while shock damage specifically compensates psychological injury and often results in a higher amount.Frequently asked questions about shock damage in Utrecht
Am I entitled to shock damage after an incident?
You may qualify if you have developed a recognized psychiatric disorder (such as PTSS) from witnessing a serious accident or its direct consequences, and if you have a close bond with the victim. A medical diagnosis and proof of confrontation are necessary. Contact a personal injury lawyer in Utrecht for advice.
How do I start a claim for shock damage?
Gather evidence such as a psychiatric diagnosis, documentation of the confrontation (e.g., witness statements), and proof of your relationship with the victim. Report the damage to the liable party or insurer and seek legal assistance. A lawyer in Utrecht can support you.
How long does it take to receive compensation?
The processing of a shock damage claim can take several months to a year, depending on the case and the cooperation of the opposing party. In court proceedings, it may take longer. Legal assistance can expedite the process.
Can I claim if I found the victim but did not see the accident?
Yes, direct confrontation with the consequences of an accident, such as seeing the victim, can be sufficient for a claim, provided it led to psychological injury and you have a close bond with the victim.
What is the difference between shock damage and pain and suffering compensation?
Shock damage specifically concerns psychological injury from experiencing an accident or its consequences. Pain and suffering compensation is a broader reimbursement for immaterial damage such as grief or pain, and can form part of a shock damage claim.
Legal assistance in Utrecht
For support with shock damage claims in Utrecht, you can contact:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht