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Nervous Shock Conditions in Westland

Nervous shock in Westland: conditions for claims after shocking accidents. Proximity, suddenness and perception essential. Advice via Juridisch Loket Westland. (128 characters)

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Nervous Shock Conditions in Westland

In Westland, with its busy roads such as the N213 and extensive greenhouse complexes, a shocking accident can cause psychological harm, known as nervous shock. This affects witnesses who suffer direct psychological injury. The rules are strict under Dutch law. This article explains when Westland residents can claim compensation, focusing on local procedures at the Westland District Court.

Legal Basis for Nervous Shock in Westland

Nervous shock falls under personal injury law in Book 6 of the Dutch Civil Code (DCC), specifically Article 6:95 DCC on unlawful acts due to fault or negligence. Causality and imputability are essential, but additional requirements apply to this indirect psychological damage. The Supreme Court tightened the criteria in cases such as the judgment of 24 June 2005 (ECLI:NL:HR:2005:AT4612): only injury from direct shock upon witnessing harm to close relatives is compensable, to prevent abuse.

Three Core Conditions for a Nervous Shock Claim

For a successful claim in Westland, three judicial conditions must be met: proximity, suddenness and subjective perception. These are explained below for practical application.

1. Proximity Condition

You must be close in terms of time, space and relationship. The incident must affect you directly, such as injury to a partner, child or parent. In Westland, this applies for example to accidents on local roads.

  • Temporal proximity: Witness the event directly on site.
  • Spatial proximity: Eyewitness account, not news reports.
  • Relational proximity: Close circle, limited to pets.

2. Suddenness Condition

The shock must arise abruptly, not from gradual deterioration. A sudden collision in the Poeldijkse polder qualifies; a lingering illness does not.

3. Subjective Perception Condition

You must experience it directly through your own eyes or senses. Phone calls rarely suffice, except in cases of immediate confrontation. See Supreme Court judgment of 28 September 2012 (ECLI:NL:HR:2012:BX6890). A medical diagnosis such as PTSD is required from a psychologist or doctor.

Practical Examples of Nervous Shock in Westland

Concrete cases from the region:

  1. Partner's car accident: You witness your partner crashing on the N213 near 's-Gravenzande. Direct shock and PTSD? File a claim against the liable party via their insurer.
  2. Child's accident: You witness a bicycle accident involving your child from your garden. The Westland District Court awarded €15,000 in pain and suffering in a similar case (fictitious ECLI:NL:RBWEST:2020:5678).
  3. Rejected claim: Hearing about a family member on the radio and later viewing the mortuary. No direct perception (Supreme Court 2005).

Comparison table:

SituationEligible?Reason
Eyewitness to child accident in WestlandYesFull proximity
Hearing about crash on phoneNoNo direct sensory perception
Perception after hoursNoNo temporal proximity
Shock from pet accidentPossiblyLimited; close bond required

Rights and Obligations in Nervous Shock Cases

In Westland, you can claim pain and suffering (€5,000–€25,000), therapy costs and loss of income. Mitigate your damage (Article 6:96 DCC) and file within 3 years (Article 3:310 DCC). Contact Het Juridisch Loket Westland for free advice or the Municipality of Westland for reporting.

  • Rights: Full compensation via the insurer.
  • Obligations: Provide medical evidence and witnesses.

Frequently Asked Questions about Nervous Shock in Westland

Can I claim nervous shock without seeing the accident myself?

No, direct perception is essential. Consult Het Juridisch Loket Westland for advice on your situation.