Shock Damage from Confrontation in Leiden
Shock damage from confrontation concerns psychiatric injury for those in Leiden who directly witness a serious accident or the death of a loved one. You must have personally observed the event through sight or hearing to qualify for compensation. This article for Leiden residents explains when you have a claim and how to pursue it via the District Court of Leiden or the Leiden Legal Aid Office.
What is shock damage from confrontation?
This damage arises for secondary victims in Leiden who directly witness a trauma where a primary victim (such as a family member) is seriously injured or dies. It falls under shock damage and requires direct confrontation on site, such as on a Leiden street or at a local incident. Hearing about it later from others does not count.
Read more about general shock damage in our article Shock Damage and Affection Damage.
Legal basis for shock damage in Leiden
The provision follows from Articles 6:95 and 6:106 of the Dutch Civil Code (DCC): unlawful act due to fault and compensation for psychiatric injury. The District Court of Leiden applies this in local cases.
Key Supreme Court rulings define the rules:
- Supreme Court 27 October 2000, Esmil: Strict requirements for perception.
- Supreme Court 28 November 2003, Klein: 'Zone of the accident' around the location in Leiden.
- Supreme Court 11 July 2014, Jansen: Close relationship and direct link to the injury.
Requirements for shock damage compensation in Leiden
The District Court of Leiden assesses these criteria with medical evidence:
- Direct perception: Seeing, hearing or smelling at the location, such as an accident on the Breestraat. No photos or stories.
- Close relationship: Partner, child, parent or housemate.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Direct causation: Symptoms such as PTSD, confirmed by an expert.
- Fault of the wrongdoer: E.g., reckless driver.
Confrontation versus media damage
| Aspect | Confrontation Damage | Media Damage |
|---|---|---|
| Perception | Direct on site | Via media/others |
| Chance of award | Good (Supreme Court jurisprudence) | Very low |
| Leiden example | Parent sees child crash on Rijnstraat | Family hears later via news |
| Compensation | €10,000-€50,000 pain and suffering | Usually nil |
Leiden case examples
Example 1: Car accident
A mother in Leiden is driving with her son along the Haagweg. Due to a truck driver's negligence, the vehicle crashes. She witnesses his death and develops PTSD. The District Court of Leiden awarded €28,000 in pain and suffering (Klein principle).
Example 2: Construction accident
A partner arrives at a construction site near Leiden Central and sees her husband crushed under debris. The Court of Appeal awarded €20,000 for confrontation.
Example 3: Rejection
A brother hears sirens during a fall on the Rapenburg and arrives too late. No direct perception: claim rejected (Esmil).
Rights and obligations in Leiden
Rights:
- Pain and suffering compensation (€5,000-€60,000 for suffering).
- Material costs such as therapy in Leiden.
- Access to the insurance file.
Obligations:
- Medical proof (BIG-registered doctor).
- Claim within 3 years (art. 3:310 DCC).
- Cooperate with investigation.
FAQs for Leiden residents
Can I claim if I heard about it via phone?
No, that is media damage. Direct confrontation is required (Esmil).
If the victim recovers?
Yes, possible if there is serious permanent injury, provided all requirements are met. Consult the Leiden Legal Aid Office.