In Westland, relatives of victims can claim shock damage and affection damage. These two forms of compensation focus on psychological suffering, but differ in conditions and payouts.
Shock Damage: What Does It Entail?
Shock damage concerns compensation for mental injury arising from directly witnessing an accident or its aftermath.
Conditions for Shock Damage
| Criterion | Description | Example Situation |
|---|---|---|
| Direct Confrontation | Witnessing the accident or its consequences itself | Being an eyewitness to a collision |
| Emotional Bond | A close relationship with the victim | Family member such as parent or partner |
| Psychological Injury | Confirmed mental disorder | Diagnosis of PTSD or anxiety disorder |
| Causation | Injury directly resulting from confrontation | Trauma established by confrontation |
Key Case Law
The Taxibus judgment (HR 22 February 2002) is a key ruling. In it, a mother with PTSD was awarded shock damage after witnessing an accident involving her child.
Affection Damage: What Does It Mean?
Affection damage is a statutory compensation for grief over the death or serious injury of a loved one. This right has existed since 1 January 2019.
Who Qualifies?
| Relationship to Victim | Entitlement to Compensation |
|---|---|
| Spouse (married or registered) | Yes |
| Cohabiting partner (long-term) | Yes |
| Children under 18 years | Yes |
| Adult children living at home | Yes |
| Parents of victim | Yes |
| Adult children living independently | Yes (lower amount) |
| Siblings | Only via exception rule |
| Other close relationships | Via exception clause |
Affection Damage Compensation (2024)
| Circumstance | Standard Amount | In Case of Crime or Negligence |
|---|---|---|
| Death - partner/live-in child/parent | €17,500 | €20,000 |
| Death - independent child | €15,000 | €17,500 |
| Serious Injury - partner/live-in child/parent | €15,000 | €17,500 |
| Serious Injury - independent child | €12,500 | €15,000 |
Shock Damage versus Affection Damage
Although both compensations address psychological suffering, there are clear differences between the two.
Overview of Differences
| Feature | Shock Damage | Affection Damage |
|---|---|---|
| Basis | Own mental injury | Grief for a relative |
| Diagnosis Required | Medical diagnosis mandatory | No diagnosis required |
| Confrontation | Essential | Not necessary |
| Compensation | Based on actual damage | Statutorily fixed |
| Combination | Possible alongside affection damage | Possible alongside shock damage |
Combination of Both Compensations
In Westland, it is possible to claim both shock damage and affection damage. For example, if someone witnesses a fatal accident involving a family member, compensation can be claimed for both their own psychological injury and for grief.
Serious and Permanent Injury
For affection damage in cases of survival, the relative's injury must be serious and permanent. This concept is not always clearly defined.
Criteria for Serious Injury
- At least 70% permanent disability
- Prolonged coma or vegetative state
- Complete paraplegia
- Severe brain injury with permanent limitations
- Multiple amputations
- Total blindness
Claim Process in Westland
The process for claiming shock damage or affection damage varies by type of compensation.
Steps for Shock Damage
- Have psychological injury assessed by a specialist
- Provide evidence of direct confrontation
- Demonstrate causal link
- Prepare damage calculation
Steps for Affection Damage
- Prove relationship to victim
- Demonstrate death or serious injury
- Apply for statutory compensation
Practical Advice for Westland
- Have mental complaints officially assessed by a psychiatrist
- Retain evidence of confrontation with the accident
- Apply for both compensations if applicable
- Know that affection damage also applies to serious injury, not just death
- Seek legal support via Juridisch Loket Westland
For cases in this region, proceedings often fall under the District Court of The Hague. Contact Juridisch Loket Westland for assistance.