In Utrecht, relatives of victims can claim shock damage and affection damage. These types of damage provide financial compensation for emotional and psychological pain, but the criteria and payouts differ significantly.
Shock Damage: What Does It Entail?
Shock damage concerns compensation for mental injury resulting from directly witnessing a traumatic accident or its aftermath.
Criteria for Shock Damage
| Condition | Description | Example |
|---|---|---|
| Direct Confrontation | Personally witnessing the incident or its consequences | Witnessing the accident happen or viewing injuries |
| Emotional Bond | A strong affective connection with the victim | Family members such as partner, child, or parent |
| Psychological Injury | Confirmed mental disorder by an expert | Diagnosis of PTSD or severe depression |
| Causal Connection | The injury is a direct consequence of the confrontation | Trauma established as a result of the incident |
Key Case Law
The Taxibus judgment (HR 22 February 2002) is a leading case. In it, a mother with PTSD who witnessed an accident involving her child received compensation for shock damage.
Affection Damage: What Is It?
Affection damage is a statutory compensation for the suffering arising from the death or serious injury of a loved one. This scheme has been in effect since 1 January 2019.
Who Qualifies?
| Relationship | Right to Compensation |
|---|---|
| Partner (married/registered) | Yes |
| Cohabiting Life Partner | Yes |
| Children (minor) | Yes |
| Adult Children Living at Home | Yes |
| Parents | Yes |
| Adult Children Living Elsewhere | Yes (lower amount) |
| Siblings | Only in exceptional cases |
| Other Close Relations | Via special scheme |
Affection Damage Compensation (2024)
| Circumstance | Standard Amount | In Case of Crime or Serious Fault |
|---|---|---|
| Death - Partner/Child Living at Home/Parent | €17,500 | €20,000 |
| Death - Child Living Elsewhere | €15,000 | €17,500 |
| Serious Injury - Partner/Child Living at Home/Parent | €15,000 | €17,500 |
| Serious Injury - Child Living Elsewhere | €12,500 | €15,000 |
Shock Damage versus Affection Damage
Although both compensations are aimed at psychological suffering, there are fundamental differences in application and conditions.
Overview of Differences
| Criterion | Shock Damage | Affection Damage |
|---|---|---|
| Basis | Own mental injury | Grief for a relative |
| Diagnosis Required | Yes, official diagnosis required | No, not required |
| Confrontation Required | Yes, directly involved | No, not required |
| Compensation | Based on actual damage | Fixed by statute |
| Combination | Possible alongside affection damage | Possible alongside shock damage |
Combination of Both Types of Damage
In Utrecht, it is possible to claim both shock damage and affection damage. For example, if someone witnesses a fatal accident of a family member, both the mental impact (shock damage) and the grief over the loss (affection damage) can be compensated.
Definition of Serious Permanent Injury
For affection damage in case of survival, there must be 'serious permanent injury'. This concept is not precisely defined, but some guidelines are:
- At least 70% permanent disability
- Prolonged coma or vegetative state
- Complete paraplegia
- Serious brain damage with permanent limitations
- Multiple amputations
- Total blindness
Claim Process in Utrecht
Submitting a claim for shock damage or affection damage follows different steps, depending on the type of damage.
Steps for Shock Damage
- Diagnosis of psychological injury by a specialist
- Proof of direct confrontation with the accident
- Demonstrating the connection between trauma and confrontation
- Determination of compensation based on actual costs
Steps for Affection Damage
- Proof of relationship with the victim
- Demonstrating death or serious injury
- Claim compensation in accordance with statutory amounts
Practical Advice
- Consult a psychiatrist for an official diagnosis in case of shock damage
- Keep proof of confrontation with the accident well documented
- Consider claiming both types of damage if applicable
- Be aware that affection damage also applies in case of serious injury, not only death
- Consult a legal expert in Utrecht for complex cases
Help in Utrecht
For legal support, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht