Shock damage and affection damage offer relatives of victims in Leiden an opportunity for compensation for emotional and psychological suffering. Although both forms of damage compensation are aimed at mental impact, the criteria and payouts differ significantly.
Shock Damage: What Does It Entail?
Shock damage concerns compensation for mental damage that occurs from directly witnessing an accident or its aftermath in Leiden or elsewhere.
Criteria for Shock Damage
| Condition | Description | Illustration |
|---|---|---|
| Direct Confrontation | Witnessing the incident or its consequences | Seeing an accident or serious injuries |
| Emotional Bond | A close relationship with the victim | Family members such as partner, child, or parent |
| Psychological Damage | Confirmed mental disorder | Diagnosis of PTSD or depression |
| Causal Link | Damage directly resulting from confrontation | Trauma established by confrontation experience |
Relevant Case Law
The Taxibus judgment (HR 22 February 2002) is an important precedent. In it, a mother who witnessed an accident involving her child and developed PTSD as a result was awarded shock damage.
Affection Damage: What Does It Mean?
Affection damage is a statutory compensation for the suffering arising from the death or serious injury of a loved one. This regulation has been in effect since 1 January 2019, also in Leiden.
Who Qualifies for Affection Damage?
| Relationship | Right to Compensation |
|---|---|
| Partner (married/registered) | Yes |
| Cohabiting life partner | Yes |
| Children (minor) | Yes |
| Adult children living at home | Yes |
| Parents of victim | Yes |
| Adult children living away from home | Yes (lower amount) |
| Siblings | Only via exception rule |
| Other close relationships | Possible via hardship clause |
Affection Damage Compensations (2024)
| Circumstance | Standard Amount | In Case of Crime/Gross Negligence |
|---|---|---|
| Death - partner/child living at home/parent | €17,500 | €20,000 |
| Death - child living away from home | €15,000 | €17,500 |
| Serious Injury - partner/child living at home/parent | €15,000 | €17,500 |
| Serious Injury - child living away from home | €12,500 | €15,000 |
Shock Damage versus Affection Damage
Although both forms of damage compensation address psychological suffering, there are fundamental differences between shock damage and affection damage.
Overview of Differences
| Key Point | Shock Damage | Affection Damage |
|---|---|---|
| Basis | Own mental damage | Grief for a relative |
| Diagnosis Required | Psychiatric diagnosis required | No diagnosis required |
| Confrontation | Necessary | Not necessary |
| Compensation | Based on actual damage | Fixed amounts |
| Combination | Possible alongside affection damage | Possible alongside shock damage |
Combination of Both Compensations
In Leiden and beyond, shock damage and affection damage can be awarded simultaneously. For example, a person who witnesses a fatal accident of a family member can claim both shock damage for their own mental damage and affection damage for the loss.
Serious and Permanent Injury
For affection damage in case of survival, the relative's injury must be 'serious and permanent'. This concept is not precisely defined.
Characteristics of Serious Permanent 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 Leiden
The process for applying for shock damage and affection damage differs significantly.
Shock Damage Process
- Diagnosis of psychological damage by a specialist
- Proof of direct confrontation with the accident
- Demonstrating causal link between confrontation and damage
- Determination of the actual extent of damage
Affection Damage Process
- Proof of relationship with the victim
- Demonstrating death or serious permanent injury
- Submitting request for the statutorily fixed amount
Practical Advice
- Have mental damage established by a recognized psychiatrist
- Document the confrontation with the accident thoroughly
- Consider claiming both shock damage and affection damage if possible
- Take into account affection damage for serious injury, not only in case of death
- Seek legal support via, for example, the Juridisch Loket Leiden (Stationsweg 46) or the Rechtbank Den Haag, location Leiden