Shock damage refers to psychological harm arising from witnessing a serious accident or its immediate aftermath. This is separate from a claim for loss of life damage and can be claimed independently.
What does shock damage entail?
Shock damage concerns mental harm, such as post-traumatic stress disorder (PTSS), arising from:
- Directly witnessing a serious accident
- Direct confrontation with the consequences (e.g., seeing a body)
- Hearing news about the incident (recognized to a limited extent)
Conditions according to the Taxibus judgment
The Supreme Court has established strict criteria for shock damage:
- There must be an officially established psychiatric condition
- The accident must be attributable to the party at fault
- There must be a close emotional bond with the victim
- The confrontation must have been sufficiently direct
Who is eligible for shock damage?
| Relationship to victim | Possibility to claim |
|---|---|
| Partner or parent | Yes, with direct confrontation |
| Child of victim | Yes, with direct confrontation |
| Sibling | Sometimes, with demonstrable close bond |
| Friend or colleague | Exceptionally, only with very strong bond |
| Chance bystander | No as independent claim against party at fault |
Burden of proof for shock damage
To claim shock damage, you must demonstrate:
- An officially recognized psychiatric condition (via diagnosis)
- That it arises from the confrontation with the accident
- The close emotional relationship with the victim
What compensation is possible?
With shock damage, you can claim similar damage items as with physical injury:
- Costs for medical or psychological treatment
- Loss of income
- Pain and suffering compensation for immaterial damage
Can I claim shock damage if I did not see the accident but saw the consequences?
Yes, directly seeing the serious consequences, such as the victim's body, can be sufficient. The directness of the confrontation is decisive.What if PTSS develops later?
Delayed PTSS can also be claimed, provided it arises from the confrontation with the accident. The limitation period starts when you become aware of the damage.Is shock damage the same as affection damage?
No, these are different claims. Affection damage is a fixed compensation for grief and sorrow, while shock damage specifically concerns psychological injury and can often yield higher compensation.Frequently asked questions about shock damage in Westland
Am I entitled to shock damage after an accident?
You may be entitled to shock damage if you have developed a recognized psychiatric condition such as PTSS from witnessing a serious accident or its direct consequences. A close bond with the victim (e.g., as partner or parent) is required. A medical diagnosis and proof of confrontation are necessary. Contact a personal injury lawyer in Westland for advice.
How do I start a claim for shock damage?
First gather evidence: a psychiatric diagnosis, documentation of the confrontation (e.g., witness statements), and proof of your relationship with the victim (such as a marriage certificate). Report the damage to the liable party or insurer and engage legal assistance via, for example, the Juridisch Loket Westland.
How long does it take to receive compensation?
Handling a shock damage claim can take several months to a year, depending on the case and cooperation of the other party. Court proceedings can extend this. A lawyer can help by providing evidence quickly and completely.
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 a body, can be sufficient for a claim. A psychiatric condition and a close bond with the victim are essential, as well as proof of the situation.
What is the difference between shock damage and pain and suffering compensation?
Shock damage specifically concerns psychological injury from an accident or its aftermath, such as PTSS. Pain and suffering compensation is a broader compensation for immaterial damage, such as grief or pain, and can form part of a shock damage claim.