An accident can cause not only physical damage, but also profound psychological problems. From anxiety complaints to PTSD, psychological injury is recognised as a valid reason for compensation in Westland.
Types of Psychological Injury
There are various psychological disorders that can occur after a traumatic accident.
Common Disorders
| Disorder | Symptoms | Incidence after Accident |
|---|---|---|
| PTSD | Re-experiencing, avoidance behaviour, heightened alertness | 10-30% in severe accidents |
| Depressive Disorder | Depressed mood, disinterest, feeling of emptiness | 20-40% with serious injuries |
| Anxiety Complaints | Phobias, panic attacks | 15-25% |
| Adjustment Problems | Short-term reaction to trauma | 30-50% |
| Chronic Pain Complaints | Psychological impact of pain | Variable |
PTSD: Post-Traumatic Stress Disorder
PTSD is a common and serious psychological disorder following a shocking event.
Core Symptoms
Re-experiencing
- Recurrent nightmares about the incident
- Flashbacks with vivid memories
- Emotional or physical reactions to triggers
Avoidance
- Avoiding memories of the accident
- Fear of situations that evoke the trauma
- Inability to drive after a traffic accident
- Emotional numbing
Heightened Alertness
- Difficulty sleeping
- Excessive startle reactions
- Irritability or anger
- Concentration problems
- Constantly on guard
Making a Diagnosis
Establishing psychological injury is done by a qualified psychiatrist or psychologist.
Diagnostic Methods
- Psychiatric Evaluation: conversation with a specialist
- Psychological Tests: standardised questionnaires
- DSM-5 Criteria: international classification system
- Reliable Instruments: such as CAPS and BDI
Treatment Methods
Many psychological complaints after an accident can be effectively treated.
Therapies and Treatments
| Therapy | Indication | Results |
|---|---|---|
| EMDR Therapy | Trauma and PTSD | Very successful |
| Cognitive Therapy | Various disorders | Proven effectiveness |
| Exposure Therapy | Anxiety and PTSD | Good results |
| Medication (SSRI) | Depression and PTSD | Supportive role |
| Intensive Care | Complex cases | For persistent complaints |
Legal Frameworks in Westland
In personal injury law, psychological injury is recognised as a compensable head of damage, also in Westland.
Criteria for Compensation
- Direct connection to the accident
- Diagnosis according to DSM criteria
- Confirmation by a psychiatrist
- No alternative cause for complaints
Key Discussion Points
Pre-existing Vulnerability
A pre-existing sensitivity to psychological problems does not detract from liability. The rule 'take your victim as you find them' also applies here.
Objectivity of Complaints
Although insurers sometimes claim that psychological complaints are subjective, a DSM diagnosis by a specialist is sufficiently objective.
Claiming Compensation
For psychological injury, various types of damage can be claimed via the District Court of The Hague or with help from the Juridisch Loket Westland.
Types of Compensation
| Head of Damage | Amount/Indication |
|---|---|
| Pain and Suffering for PTSD | €5,000 - €50,000 |
| Pain and Suffering for Depression | €5,000 - €40,000 |
| Treatment Costs | Therapy and medication |
| Loss of Income | In case of work limitations |
| Domestic Assistance | In case of serious limitations |
Practical Advice
- Seek help quickly for psychological problems
- Have an official diagnosis made by a specialist
- Keep a file of complaints and impact on your life
- Follow prescribed treatments to strengthen your claim
- Understand that psychological injury weighs as heavily as physical injury