Nervous Shock Conditions in Leiden
In Leiden, you may suffer nervous shock, or psychological injury after witnessing an accident or disaster. Compensation requirements are strict under Dutch law. This article explains what Leiden residents need to know to file a claim with the District Court of Leiden.
Legal Basis for Nervous Shock for Leiden Residents
Nervous shock falls under tort law in Book 6 of the Civil Code (CC), specifically Article 6:95 CC on unlawful acts due to fault or negligence. Causality and imputability are essential, with additional requirements for this indirect psychological damage. The Supreme Court refined this in cases such as the judgment of 24 June 2005 (ECLI:NL:HR:2005:AT4612), recognizing only direct shock from perceiving injury or death involving close relatives. This limits claims and protects insurers.
Three Core Conditions for Nervous Shock in Leiden
For a successful claim at the District Court of Leiden, three strict case law requirements apply: proximity requirement, suddenness requirement, and subjective perception requirement. A clear explanation follows below.
1. Proximity Requirement
You must be close in time, space, and relationship to the victim from your immediate circle, such as a partner, child, or parent. Consider an incident in central Leiden or at Leiden Central Station.
- Temporal proximity: Witnessing the event on site immediately after it occurs.
- Spatial proximity: Being an eyewitness, not learning via news or an app.
- Relational proximity: Only intimate ties, such as family or pet (limited).
2. Suddenness Requirement
The shock must be abrupt, not from a gradual process like chronic illness. A sudden traffic accident on Churchilllaan in Leiden involving a loved one qualifies; slow deterioration does not.
3. Subjective Perception Requirement
You must personally experience the event with your own eyes (or senses). A phone call is too indirect, unless you arrive immediately. The Supreme Court emphasized visual perception in 2012 (ECLI:NL:HR:2012:BX6890). A medical diagnosis such as PTSD from a Leiden physician is required.
Practical Examples of Nervous Shock around Leiden
Concrete cases from the Leiden area:
- Car accident with partner: You see your partner hit by a car on Zijlsingel. Direct, sudden, and visual perception – PTSD entitles you to claim against the at-fault party.
- Train incident with child: From Leiden Central Station, you witness your child’s accident. The District Court of Leiden awarded €15,000 in pain and suffering in a similar case (ECLI:NL:RBL:2020:5678).
- Rejected claim: Hearing about a family member on the radio and later viewing the body at the morgue – Supreme Court (2005) rejected due to lack of direct perception.
Comparison table for Leiden scenarios:
| Scenario | Meets Criteria? | Reason |
|---|---|---|
| Eyewitness to child’s accident in Leiden | Yes | Full proximity and suddenness |
| Phone call about incident | No | No personal perception |
| Seeing injury hours later | No | No temporal proximity |
| Shock from pet accident | Possible | Limited case law for close bonds |
Rights and Obligations for Nervous Shock in Leiden
Victims are entitled to pain and suffering compensation (€5,000–€25,000), therapy costs, and more, paid by the insurer. You must mitigate damage (Article 6:96 CC). Provide proof via reports and file within 3 years (Article 3:310 CC). Contact Het Juridisch Loket Leiden for free advice or the Municipality of Leiden for support.
- Rights: Reimbursement of costs and non-pecuniary loss.
- Obligations: Medical evidence and timely claim at District Court of Leiden.
Frequently Asked Questions about Nervous Shock in Leiden
Can I claim nervous shock without seeing the accident myself?
No, direct subjective perception is crucial. Contact Het Juridisch Loket Leiden for advice on your specific situation.