Post-traumatic stress disorder (PTSD) can occur after a severe accident. This psychological injury is legally recognised and can lead to compensation in Leiden.
What is PTSD?
PTSD is a mental disorder that can arise after a traumatic event. Symptoms include, among others:
- Re-experiencing such as flashbacks or nightmares
- Avoidance of triggers
- Increased irritability and difficulty sleeping
- Problems with concentration
- Negative emotions and thoughts
PTSD as a form of personal injury
PTSD is regarded as a form of injury for which you can file a claim:
- It must meet the DSM-5 criteria for PTSD
- The accident must be the direct cause
- The damage must be demonstrable
What costs can you claim for PTSD?
| Type of damage | Explanation |
|---|---|
| Treatment costs | Therapy with a psychologist or psychiatrist, EMDR sessions |
| Loss of income | Due to temporary or permanent incapacity for work |
| Domestic assistance | If you can no longer perform daily tasks |
| Non-pecuniary damages | Compensation for emotional and psychological pain |
Burden of proof for PTSD
To file a claim for PTSD, you must prove:
- An official diagnosis from a psychiatrist or psychologist
- That the accident is the cause of your PTSD
- The impact on your daily life and functioning
Amount of non-pecuniary damages for PTSD
The amounts for non-pecuniary damages for PTSD vary per case:
- Mild PTSD with full recovery: € 2,500 - € 7,500
- Moderate PTSD with some limitations: € 7,500 - € 20,000
- Severe, permanent PTSD: € 20,000 - € 50,000
Can PTSD occur without physical injury?
Yes, PTSD can result from the psychological impact of an accident, even if you have not sustained physical injuries.How do I prove that my PTSD is caused by the accident?
A psychiatrist or psychologist can make the diagnosis and confirm the connection to the accident. It is important that you did not have similar mental complaints before the accident.Can I get PTSD as a witness to an accident?
Yes, this is called shock damage. You must have a close relationship with the victim and have been a direct witness to the incident or its aftermath.Frequently asked questions about PTSD after an accident in Leiden
How do I recognise PTSD after an accident?
Symptoms include recurrent nightmares, flashbacks, avoidance behaviour, irritability, concentration disorders, and gloomy thoughts. These must persist for at least one month and disrupt your life. A psychiatrist can make a diagnosis based on DSM-5 guidelines.
What should I do if I suspect I have PTSD?
Go to your general practitioner or a psychologist to discuss your complaints. Start treatment as soon as possible, such as EMDR. Keep a diary of your complaints and engage a personal injury lawyer via the Juridisch Loket Leiden (Stationsweg 46) for help with a claim.
How long does a compensation claim for PTSD take?
This depends on the case and the counterparty, but on average it takes 1 to 3 years. If liability is acknowledged, you can receive an advance. A lawyer can help with a faster process.
Can I get an advance on compensation?
Yes, if liability is acknowledged, you can request an advance for example for treatment costs or loss of income. This will be settled later against the final compensation.
What if my PTSD claim is rejected?
If rejected, you can submit additional evidence, such as a second opinion. A lawyer can assist with legal steps, for example via the District Court of The Hague, Leiden location.
How is non-pecuniary damages for PTSD calculated?
The amount depends on the severity of your PTSD, the impact on your life, and previous rulings in similar cases. A lawyer can make a realistic estimate.