Shock Damage from Confrontation in Zoetermeer
Shock damage from confrontation is psychiatric personal injury that occurs when you in Zoetermeer are a direct witness to a serious accident or the death of a loved one. You must have perceived the event yourself—for example, seen or heard it—to qualify for compensation. This article for Zoetermeer residents outlines your rights and the steps to file a claim with the Zoetermeer District Court.
What is shock damage from confrontation?
This type of psychiatric injury affects secondary victims who are directly confronted with a traumatic incident in which a primary victim, such as a family member, suffers serious injury or dies. It falls under the broader category of shock damage and requires direct confrontation: you must be at or near the accident location in Zoetermeer and perceive it through your senses. For more on shock damage in general, see our article on Shock Damage and Loss of Companionship.
Legal basis for shock damage in Zoetermeer
The rules are set out in Articles 6:95 and 6:106 of the Dutch Civil Code (DCC). Article 6:95 DCC establishes liability for unlawful acts, while Article 6:106 DCC provides compensation for psychiatric injuries such as shock damage. The Zoetermeer District Court applies this in local cases. The Supreme Court has refined the criteria:
- Supreme Court 27 October 2000, Esmil: Strict requirements for direct perception.
- Supreme Court 28 November 2003, Klein: Limited to the 'accident zone'.
- Supreme Court 11 July 2014, Jansen: Close relationship with the victim and direct causal link.
Conditions for shock damage compensation in Zoetermeer
The Zoetermeer District Court assesses claims based on medical and factual evidence. All requirements must be met:
- Direct sensory experience: You saw, heard, or smelled the incident at the scene in Zoetermeer; no aftermath or hearsay.
- Close relationship: With a partner, child, parent, or housemate; acquaintances usually do not qualify.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Direct link: Symptoms such as PTSD proven by a psychologist/psychiatrist and linked to the confrontation.
- Fault of the at-fault party: For example, reckless driving on Zoetermeer roads.
Confrontation damage versus indirect damage
| Aspect | Confrontation Damage | Indirect Damage |
|---|---|---|
| Perception | Direct at the scene (see/hear) | Indirect (media/told) |
| Chance of award | Good (Supreme Court case law) | Low (almost never) |
| Example | Parent sees child crash in Zoetermeer | Family hears news later |
| Compensation | Pain and suffering €10,000-€50,000 | Usually nothing |
Practical cases of shock damage in Zoetermeer
Case 1: Car accident on the N414
A father is driving with his 10-year-old daughter on the N414 near Zoetermeer. Due to a reckless oncoming driver, the car crashes. The father witnesses his daughter's death and develops PTSD. The Zoetermeer District Court awarded €25,000 in pain and suffering (Klein ruling), plus medical costs.
Case 2: Construction accident in Seghwaert neighborhood
A woman picks up her husband at a construction site in Seghwaert and sees him crushed by a crane. The court awarded €18,000 for direct confrontation (2022 case).
Case 3: Rejected
A sister hears sirens at a bike accident in central Zoetermeer and arrives too late for the crash itself. She only saw the ambulance: no award (Esmil ruling).
Rights and obligations for shock damage in Zoetermeer
Rights:
- Pain and suffering compensation (€5,000-€60,000 for pain and grief).
- Other costs: Therapy, travel, household help.
- Access to the insurer's file.
Obligations:
- Medical evidence from a registered practitioner (BIG-registered).
- File claim within 3 years (Art. 3:310 DCC).
- Cooperate with investigations.
Frequently asked questions about shock damage in Zoetermeer
Can I claim if I heard about it by phone?
No, that is indirect damage and rarely successful. Direct confrontation is required (Esmil ruling).
If the victim recovers?
Yes, possible if there is lasting injury. The Zoetermeer District Court assesses each case with medical evidence.