In Zoetermeer, relatives of victims can claim shock damage and affection damage. These compensations address psychological suffering, but differ in conditions and payouts.
Shock Damage: What Does It Entail?
Shock damage concerns compensation for mental injury from directly witnessing an accident or its aftermath in Zoetermeer or elsewhere.
Conditions for Shock Damage
| Criterion | Description | Example |
|---|---|---|
| Direct Confrontation | Witnessing the incident or its consequences | Seeing the accident happen or viewing injuries |
| Emotional Bond | A close relationship with the victim | Family members such as partner, child, or parent |
| Psychological Damage | Proven mental disorder | Diagnosis such as PTSD or severe depression |
| Causation | Damage directly resulting from confrontation | Trauma linked to the incident |
Key Case Law
The Taxibus ruling (HR 22 February 2002) is leading. In it, a mother with PTSD after seeing an accident involving her child was awarded compensation.
Affection Damage: Grief Compensated
Affection damage is a statutory compensation for grief over serious injury or death of a loved one. This right has applied since 1 January 2019 also in Zoetermeer.
Who Qualifies?
| Relationship | Right to Compensation |
|---|---|
| Partner (married/registered) | Yes |
| Cohabiting Life Partner | Yes |
| Children (minor) | Yes |
| Adult Children Living at Home | Yes |
| Parents | Yes |
| Adult Children Living Elsewhere | Yes (lower amount) |
| Siblings | Only in exceptional cases |
| Other Close Relationships | Via exception rule |
Affection Damage Compensations (2024)
| Case | Standard Amount | In Case of Crime/Gross Negligence |
|---|---|---|
| Death - Partner/Child Living at Home/Parent | €17,500 | €20,000 |
| Death - Child Living Elsewhere | €15,000 | €17,500 |
| Serious Injury - Partner/Child Living at Home/Parent | €15,000 | €17,500 |
| Serious Injury - Child Living Elsewhere | €12,500 | €15,000 |
Shock Damage versus Affection Damage
Although both compensations cover psychological suffering, there are clear differences in Zoetermeer and beyond.
Overview of Differences
| Feature | Shock Damage | Affection Damage |
|---|---|---|
| Basis | Own mental damage | Grief for a relative |
| Diagnosis Required | Yes, medical diagnosis | No, not required |
| Confrontation Required | Yes, direct contact | No, not necessary |
| Amount of Compensation | Based on actual damage | Set by law |
| Combination | Possible with affection damage | Possible with shock damage |
Combination of Both Compensations
In Zoetermeer, it is possible to claim both shock damage and affection damage. For example, if you witness a fatal accident of a family member, you can apply for compensations for both your own trauma and your grief.
Definition of Serious Permanent Injury
For affection damage in case of survival, there must be 'serious permanent injury'. This concept is not always clearly defined.
Examples of Serious Injury
- At least 70% permanent disability
- Prolonged coma or vegetative state
- Complete paraplegia
- Serious brain damage with permanent limitations
- Multiple amputations
- Total blindness
Claim Process in Zoetermeer
Applying for shock damage and affection damage follows different steps, depending on the situation.
Shock Damage Process
- Diagnosis of mental damage by a specialist
- Proof of direct confrontation with the incident
- Demonstrating the link between trauma and event
- Damage calculation based on actual costs
Affection Damage Process
- Prove the relationship with the victim
- Demonstrate death or serious injury
- Claim compensation in accordance with statutory rates
Practical Advice for Zoetermeer
- Consult a psychiatrist for an official diagnosis of psychological suffering
- Retain proof of confrontation with the accident
- Apply for both compensations if you qualify
- Know that affection damage also applies in case of serious injury, not only death
- Consider legal assistance via the Juridisch Loket Zoetermeer or a lawyer
Help in Zoetermeer
For legal support, you can go to the Juridisch Loket Zoetermeer. Cases are often handled by the Rechtbank Den Haag, under which Zoetermeer falls.