Shock damage refers to psychological damage that arises from witnessing a serious accident or its immediate aftermath. This is separate from other claims such as death-related damage.
Definition of shock damage
Shock damage concerns mental damage, such as post-traumatic stress disorder (PTSS), that results from:
- Directly experiencing a serious incident
- Being directly confronted with the consequences (e.g., seeing a body)
- Hearing news about the accident (recognized to a limited extent)
Criteria according to the Taxibus judgment
The Supreme Court has set clear requirements for shock damage:
- An officially recognized psychiatric condition must have been established
- The accident must be attributable to the responsible party
- There must be a strong emotional bond with the victim
- The confrontation with the incident must be sufficiently direct
Who is eligible 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 demonstrable close bond |
| Friend or colleague | Exceptionally, only with very strong bond |
| Random bystander | No separate claim possible |
Burden of proof for shock damage
To claim shock damage in Leiden, you must demonstrate:
- An officially established psychiatric diagnosis
- That the confrontation is the cause of the damage
- The close emotional bond with the victim
What compensations are possible?
With shock damage, you can claim similar compensations as for physical injury:
- Costs for psychological help or therapy
- Compensation for loss of income
- Pain and suffering for immaterial damage
Is shock damage possible if I did not see the accident, but did see the aftermath?
Yes, directly seeing the serious consequences, such as a body, can be sufficient for a claim. The directness of the confrontation is decisive.Can I file a claim for later development of PTSS?
Yes, delayed PTSS can also be claimed if it results from the confrontation. The limitation period starts when you become aware of the damage.Does shock damage differ from affection damage?
Yes, these are different claims. Affection damage is a standard compensation for grief, while shock damage specifically compensates psychological injury and often results in a higher amount.Frequently asked questions about shock damage in Leiden
Am I entitled to shock damage after an incident?
You may be entitled to shock damage if you have developed a recognized psychiatric condition from witnessing a serious accident or its consequences. A close bond with the victim, such as family, is required. A diagnosis and proof of confrontation are needed. Contact a personal injury lawyer in Leiden for advice.
How do I start a claim for shock damage?
First gather evidence: a psychiatric diagnosis, documentation of the incident (e.g., witness statements), and proof of your relationship with the victim. Report the damage to the liable party or insurer. Legal assistance via the Juridisch Loket Leiden (Stationsweg 46) or a lawyer can be helpful.
What is the processing time for a shock damage compensation?
Handling a claim can take several months to a year, depending on the case and the cooperation of the other party. Court proceedings can extend the process. A lawyer can help speed up the procedure.
Can I claim shock damage if I found the victim after the accident?
Yes, direct confrontation with the consequences, such as finding the victim, can form the basis for a claim, provided it leads to a psychiatric condition and there is a close bond.
What distinguishes shock damage from pain and suffering?
Shock damage specifically concerns psychological injury from experiencing an accident or its aftermath. Pain and suffering is a broader compensation for emotional damage and can be part of a shock damage claim.
Relevant institutions in Leiden: For legal support, you can go to the Juridisch Loket Leiden (Stationsweg 46) or submit cases to the Rechtbank Den Haag, Leiden location.