What is shock damage?
Brief definition: Shock damage is psychological injury suffered by relatives who witness or are confronted with a serious accident or crime involving a loved one. Since the Taxibus judgment (2002), compensation can be claimed for this in the Netherlands.
Requirements for shock damage claim
To be eligible for compensation, you must meet several requirements:
Closeness requirement
- Close emotional relationship with the victim
- Typically family members in the first degree
- Also possible for partners and close friends
Confrontation requirement
- Direct witness of the accident
- Or: confrontation with immediate aftermath
- Hearing about it via third parties is generally not sufficient
Psychiatric requirement
- Recognized psychiatric illness
- Such as PTSD, depression, or anxiety disorder
- Must be established by a psychiatrist
Compensation for shock damage
The compensation may include:
- Pain and suffering: For psychological suffering
- Material damage: Loss of income, treatment costs
- Future damage: If complaints continue
Amount of compensation
The amount depends on various factors:
- Severity of the psychiatric illness
- Duration of the complaints
- Impact on daily life
- Relationship with the victim
Procedure for claiming shock damage
Step 1: Medical treatment
Seek psychological help immediately. The treatment history is important evidence.
Step 2: Psychiatric assessment
A psychiatrist must establish a recognized disorder.
Step 3: Legal claim
Claim against the liable party or their insurance.
Step 4: Proceedings if necessary
If no settlement is reached, proceedings may be necessary.
Frequently asked questions about shock damage
Who can claim shock damage?
Relatives who have been directly confronted with a serious accident or crime and have suffered psychiatric injury as a result.
How much compensation can I receive?
This depends on the severity. Amounts range from a few thousand to tens of thousands of euros for pain and suffering, plus possible material damage.
Do I need a lawyer?
This is strongly recommended. Shock damage cases are legally complex and require expertise.
How long do I have to file a claim?
The limitation period is 5 years from when you became aware of the damage and the liable party.
What if I did not see the accident but only the aftermath?
Confrontation with immediate aftermath may also qualify. For example, arriving at the scene immediately after the accident.
Where can I get help with shock damage in Utrecht?
A personal injury lawyer can help you with your shock damage claim. Contact us for advice in Utrecht.