Shock damage concerns psychological harm that occurs from witnessing a severe accident or its direct aftermath. This is separate from a claim for death-related damage.
Definition of shock damage
Shock damage refers to mental harm, such as PTSD, that arises from:
- Directly experiencing a serious incident
- Direct confrontation with the consequences (e.g., seeing a body)
- Hearing about the incident (recognized to a limited extent)
Criteria according to the Taxibus judgment
The Supreme Court has set clear requirements:
- An officially recognized psychiatric condition must have been established
- The incident must be attributable to the party at fault
- There must be a strong emotional bond with the victim
- The confrontation must have been sufficiently direct
Who can file a claim for shock damage?
| Relationship to victim | Possibility to claim |
|---|---|
| Partner or parent | Yes, provided direct confrontation |
| Child of victim | Yes, with direct confrontation |
| Sibling | Sometimes, with a close bond |
| Friend or colleague | Exceptionally, only with very strong bond |
| Random bystander | No separate claim possible |
Burden of proof
To claim shock damage, you must demonstrate:
- An officially established psychiatric condition
- That it stems from the confrontation
- The close emotional bond with the victim
Compensation
For shock damage, you can claim similar compensation as for physical injury:
- Costs for medical or psychological help
- Loss of income
- Pain and suffering for immaterial damage
Can I claim shock damage if I didn't see the accident but saw the aftermath?
Yes, directly seeing the serious consequences, such as a body, can be sufficient. It concerns the directness of the confrontation.What if PTSD develops later?
Delayed PTSD can also be claimed if it stems from the confrontation with the accident. The limitation period starts when you become aware of the damage.Is shock damage the same as relational damage?
No, these are different claims. Relational damage is a standard compensation for grief, while shock damage concerns psychological injury and can often yield higher compensation.Frequently asked questions about shock damage in Zoetermeer
Am I entitled to shock damage after an accident?
You may be entitled to shock damage if you have developed a recognized psychological condition, such as PTSD, from directly experiencing a serious accident or its consequences. A close bond with the victim, such as partner or parent, is required. A medical diagnosis and proof of confrontation are crucial. Contact a personal injury lawyer in Zoetermeer for advice.
How do I file 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 (e.g., official documents). Report the damage to the liable party or insurer and seek legal help, for example via the Juridisch Loket Zoetermeer.
How long does a shock damage claim take?
The processing of a claim can vary from a few months to more than a year, depending on the case and cooperation of the other party. Court proceedings, for example at the District Court of The Hague, can prolong the process. A lawyer can help prevent delays.
Can I claim shock damage if I found the victim later?
Yes, direct confrontation with the consequences of an accident, such as seeing the victim, can be sufficient for a claim. A recognized psychological 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?
Shock damage specifically concerns psychological harm from witnessing an accident or its aftermath. Pain and suffering is a broader compensation for immaterial damage, such as grief or pain, and can form part of a shock damage claim.