Shock Damage from Confrontation in Westland
Shock damage from confrontation refers to psychiatric personal injury for residents of Westland who witness a serious accident or the death of a loved one. You must have directly observed the event through sight or hearing to qualify for compensation. This article for Westlanders explains your rights, the procedure at the Westland District Court, and how to file a claim via the Westland Legal Advice Office.
When is shock damage from confrontation applicable?
In Westland, shock damage from confrontation is recognized as psychiatric injury suffered by a secondary victim who directly witnesses a traumatic incident involving a primary victim, such as a family member with serious injury or death. This falls under the broader category of shock damage and requires direct confrontation: observation at the scene using your own senses. For more on shock damage in general, see our article on Shock Damage and Affection Damage.
Legal basis for shock damage in Westland
The rules stem from Articles 6:95 and 6:106 of the Civil Code (CC). Article 6:95 CC establishes liability for unlawful acts, while Article 6:106 CC compensates for psychiatric harm such as shock damage. The Westland District Court applies this in local cases. The Supreme Court set criteria in key judgments:
- Supreme Court 27 October 2000, Esmil: Direct observation required.
- Supreme Court 28 November 2003, Klein: Within the 'accident zone'.
- Supreme Court 11 July 2014, Jansen: Close relationship and causal link to the injury.
Requirements for shock damage compensation in Westland
The Westland District Court assesses claims against these strict criteria, supported by medical and factual evidence.
- Direct sensory exposure: Seeing, hearing, or smelling at the accident location, such as a Westland road. Post-event photos or stories do not suffice.
- Close relationship: With a partner, child, parent, or housemate. Neighbors or colleagues usually do not qualify.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Direct link: Symptoms like PTSD proven by a psychologist/psychiatrist, connected to the confrontation.
- Fault of the perpetrator: Negligence, e.g., in traffic or workplace accidents in the greenhouse sector.
Confrontation damage versus mediated damage
| Feature | Confrontation Damage | Mediated Damage |
|---|---|---|
| Observation | Direct at the scene (sight/hearing) | Indirect (report/media) |
| Chance of award | Good (Supreme Court case law) | Low (almost never) |
| Westland example | Parent sees child crash on N213 | Family hears later via Westland Municipality |
| Compensation | Pain and suffering €10,000-€50,000 | Usually none |
Westland case examples of shock damage
Example 1: Car accident on Westland road
A mother is driving with her son (12) on the N213. A reckless truck causes them to crash. She sees his fatal injuries and develops PTSD. The Westland District Court awarded €28,000 in pain and suffering (Klein judgment), plus therapy costs.
Example 2: Greenhouse accident
A partner arrives at a greenhouse in 's-Gravenzande and sees her husband crushed by a falling structure. She witnesses his final moments. In 2023, the Westland District Court awarded €20,000 for direct confrontation.
Example 3: Rejected
A brother hears sirens at a tractor accident in Monster and arrives too late, seeing only emergency services. No shock damage (Esmil judgment), as no direct observation.
Rights and obligations for shock damage in Westland
Rights:
- Pain and suffering compensation (€5,000-€60,000 for pain and grief).
- Other costs: Therapy, household help, travel expenses.
- Access to the insurer's file.
Obligations:
- Medical evidence (registered physician).
- Claim within 3 years (Art. 3:310 CC).
- Cooperate with insurer's investigation.
Frequently asked questions about shock damage in Westland
Can I claim if I heard about it by phone?
No, that is mediated damage and rarely successful. Direct confrontation is essential (Esmil judgment).
If the victim recovers?
Yes, possible for permanent serious injury if all requirements are met and causality is proven.
Where do I start in Westland?
Contact the Westland Legal Advice Office for advice and assistance with your claim at the Westland District Court.