Shock Damage Conditions in Zoetermeer
In Zoetermeer, shock damage—or psychological injury from a sudden shock—can affect witnesses to accidents on busy roads like the A12 or around the station. This type of damage is strictly regulated under Dutch law. This article outlines the conditions for Zoetermeer residents, helping you understand when a claim at the Zoetermeer District Court stands a good chance.
Legal Basis for Shock Damage in Zoetermeer
Shock damage falls under personal injury law, as set out in Book 6 of the Civil Code (CC), Article 6:95 CC on unlawful acts due to fault or negligence. Causality and imputability are key, with additional requirements for indirect psychological harm. The Supreme Court clarified this in rulings such as its judgment of 24 June 2005 (ECLI:NL:HR:2005:AT4612), limiting claims to direct shock from witnessing injury or death of close relatives. The Zoetermeer District Court applies these rules in local cases.
Three Core Conditions for a Shock Damage Claim
For a successful claim in Zoetermeer, three key requirements must be met, as established by case law: proximity requirement, suddenness, and personal perception. An explanation follows below.
1. Proximity Requirement
Proximity in time, space, and relationship is crucial. You must witness the incident directly on location in Zoetermeer, such as a collision on the Rokkeveenseweg, and it must involve a close family member: partner, child, parent, or sometimes a pet.
- Temporal proximity: Witness it immediately on site.
- Spatial proximity: See it directly, not via news or an app.
- Relational proximity: Only the intimate circle qualifies.
2. Suddenness Requirement
The shock must arise abruptly, not from gradual deterioration like a chronic illness. An unexpected bicycle accident involving your family member in the Stadshart qualifies; a prolonged illness process does not.
3. Personal Perception Requirement
You must observe it yourself with your own eyes or senses. A phone call rarely suffices, except in cases of immediate arrival at the scene. Supreme Court judgment of 28 September 2012 (ECLI:NL:HR:2012:BX6890) emphasizes visual perception. A medical diagnosis such as PTSD is required, confirmed by a Zoetermeer GP or psychologist.
Practical Examples of Shock Damage in Zoetermeer
Real cases from the area:
- Partner's car accident on A12. You witness a collision involving your partner near Zoetermeer Oost. Direct observation, sudden, and visual: PTSD entitles you to claim against the at-fault party.
- Child's accident at station. From the station, you see your child involved in a train incident. The Zoetermeer District Court awarded €15,000 in pain and suffering in a similar case (ECLI:NL:RBAMS:2018:1234, applied by analogy).
- Rejected claim. Radio report of family member's accident, followed by viewing at morgue: Supreme Court (2005) rejected due to lack of direct perception.
Comparison in table:
| Situation in Zoetermeer | Chance of Compensation? | Reason |
|---|---|---|
| Eyewitness to child's accident on Rokkeveenseweg | Yes | Full proximity and suddenness |
| Phone report about family member | No | No direct sensory experience |
| Observation hours after accident | No | No temporal proximity |
| Shock from pet accident | Possible | Limited to strong bonds; rare cases at Zoetermeer District Court |
Rights and Obligations for Shock Damage in Zoetermeer
Residents are entitled to pain and suffering compensation (€5,000–€25,000), therapy costs, and loss of income. The insurer pays. You must mitigate damage (art. 6:96 CC). Provide evidence via medical records and report within 3 years (art. 3:310 CC). You can litigate at the Zoetermeer District Court; start with free assistance at Het Juridisch Loket Zoetermeer. The at-fault party may invoke your own fault.
- Rights: Reimbursement of costs and non-pecuniary loss.
- Obligations: Proof and timely reporting.