Shock Damage from Confrontation in Utrecht
Shock damage from confrontation refers to psychiatric injury suffered by Utrecht residents who directly witness a serious accident or the death of a loved one. You must have personally observed the event—for example, by seeing or hearing it—to qualify for compensation. This article informs Utrecht residents about your rights and the procedure at the District Court of Utrecht.
What does shock damage from confrontation mean for Utrecht residents?
Shock damage from confrontation is the mental harm suffered by a secondary victim due to direct exposure to a shocking event in which a primary victim (such as a family member) is seriously injured or killed. This falls under the broader category of shock damage and requires direct confrontation: the victim must have sensorily experienced the event on-site or in the immediate vicinity, for example during an accident on Utrecht's roads. For more information on shock damage, contact Legal Aid Office Utrecht.
For a detailed explanation of general shock damage, see our article on Shock Damage and Grief Damage.
Legal basis for shock damage in Utrecht
Compensation is based on Articles 6:95 and 6:106 of the Dutch Civil Code (DCC). Article 6:95 DCC establishes liability for unlawful acts due to fault. Article 6:106 DCC recognizes psychiatric injury, including shock damage, as compensable. Cases at the District Court of Utrecht are assessed against these rules.
Key Supreme Court rulings define confrontational shock damage:
- HR 27 October 2000, Esmil: Strict requirements for direct perception.
- HR 28 November 2003, Klein: 'Accident zone' – proximity required.
- HR 11 July 2014, Jansen: Close relationship and causal link to injury.
Conditions for shock damage compensation in Utrecht
For an award by the District Court of Utrecht, all requirements must be met, supported by medical reports.
- Direct sensory experience: Seeing, hearing, or smelling at the accident location in Utrecht. Post-event photos or stories do not suffice.
- Close relationship: With a partner, child, parent, or housemate. Friends or neighbors usually do not qualify.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Causal link: Symptoms such as PTSD directly linked, as established by a psychiatrist.
- Fault: Causer at fault, e.g., in busy Utrecht traffic.
Confrontation vs indirect shock damage
| Aspect | Confrontational Shock Damage | Indirect Shock Damage |
|---|---|---|
| Perception | Direct on location | Indirect via others |
| Chance of success | Good (Supreme Court case law) | Low |
| Utrecht example | Parent sees child crash on A27 | Family hears news later |
| Compensation | €10,000–€50,000 pain and suffering | Usually none |
Utrecht case examples of shock damage
Example 1: Car accident in Utrecht
A mother is cycling with her son (12) along Catharijnesingel. A reckless driver causes a crash. She witnesses his death and develops PTSD. The District Court of Utrecht awarded €28,000 in pain and suffering (Klein ruling).
Example 2: Construction accident
A partner arrives at a Utrecht construction site and sees a crane fall on a man. The District Court of Utrecht (2023) awarded €20,000 for confrontation.
Example 3: Rejection
A brother hears sirens at a bike accident in Utrecht East and arrives too late for the ambulance. No shock damage (Esmil ruling).
Rights and obligations for Utrecht residents
Rights:
- Pain and suffering (€5,000–€60,000 for emotional distress).
- Other costs: Therapy, household help.
- Access to insurer's file.
Obligations:
- Medical evidence (registered practitioner).
- Claim within 3 years (Art. 3:310 DCC).
- Cooperate with investigation.
Frequently asked questions for Utrecht
Can I claim if I heard about it by phone?
No, that is indirect shock damage. Direct confrontation required (Esmil).
If the primary victim recovers?
Yes, if seriously and permanently injured, as assessed by the District Court of Utrecht.