Terug naar Encyclopedie
Letselschade

Psychological Injury as a Head of Damage in Den Haag

Discover how to claim psychological injury as a head of damage in Den Haag after accidents. Compensation for PTSD, therapy and more via District Court of Den Haag.

4 min leestijd

Psychological Injury as a Head of Damage in Den Haag

In Den Haag, you can claim psychological injury as a head of damage for mental harm resulting from an accident or unlawful act, such as in the busy traffic around the Hofstad or local workplace incidents. This covers non-pecuniary damage such as pain and suffering compensation and pecuniary expenses for therapy. In the Netherlands, including at the District Court of Den Haag, this is standard personal injury compensation, provided it is proven and causally linked to the incident.

What Does Psychological Injury as a Head of Damage Mean for Den Haag Residents?

Psychological complaints often arise after traumatic events, such as a collision on the Utrechtsebaan, a fall at a Den Haag construction site, or a medical error at HagaZiekenhuis. Examples include PTSD, depression, anxiety disorders, or burnout. As a head of damage, you seek compensation for past and future harm. Unlike physical injury, it is invisible but can be established through medical reports.

The claim is divided into:

  • Non-pecuniary damage: Pain and suffering compensation for distress, gloom, and reduced enjoyment of life.
  • Pecuniary damage: Costs for psychologists, medication, travel, and lost income due to inability to work.

Legal Basis at the District Court of Den Haag

Compensation for psychological injury falls under Book 6 of the Dutch Civil Code (DCC). The core provision is Article 6:95 DCC for unlawful acts causing damage. Non-pecuniary damage follows Article 6:106 DCC (pain and suffering).

Key ruling: Supreme Court judgment (ECLI:NL:HR:2002:AE7012), equating mental harm to physical injury. For medical errors, the Medical Treatment Contracts Act (WGBO) applies, and for work-related trauma, the Working Conditions Act (Arbowet). The District Court of Den Haag handles many such local cases.

Proof Requirements for Psychological Injury in Den Haag

For recognition as a head of damage, you must prove the link between the event and the symptoms. Required:

  1. Diagnosis by a BIG-registered specialist.
  2. Medical file documenting the progression of complaints (anamnesis).
  3. No or limited prior psychological issues.

Insurers often appoint experts under Article 7:942 DCC. Contact the Legal Aid Office Den Haag for free initial advice.

Common Psychological Injuries and Amounts

Typical cases in Den Haag:

  • PTSD: Flashbacks, avoidance, hyperarousal. Pain and suffering: €15,000 - €50,000.
  • Depression: Apathy, dark thoughts. Plus therapy (€100-€150 per session).
  • Anxiety disorder: Panic attacks, driving phobia after an accident on the Scheveningseweg.

Comparison: Physical vs. Psychological Injury

AspectPhysical InjuryPsychological Injury
ProofX-rays, MRIDiagnostics, tests (e.g., SCID-I)
Pain and SufferingHigh for scars/disabilityModerate for temporary issues
Proceedings Duration6-12 months1-3 years (recovery variable)
Average Amount€20,000-€100,000€5,000-€40,000

Den Haag Case Examples

Example 1: Ms. Jansen crashes her bike into a scooter on Grote Marktstraat due to negligence. PTSD follows, work stops. Awarded: €25,000 pain and suffering, €30,000 lost income, €5,000 therapy. Total €60,000 via liability insurance, settled at the District Court of Den Haag.

Example 2: Mr. De Vries witnesses a fall at a Den Haag Municipality yard. Depression develops. Employer pays €10,000 pain and suffering plus reintegration via insurance.

Read more in Psychological Injury After an Accident.

Rights and Obligations

Rights:

  • Full compensation, including future prospects (Article 6:97 DCC).
  • Fault must be established; no no-fault system.
  • Advance payment up to 80% after six months.

Obligations:

  • Mitigate damage (Article 6:96 DCC): attend therapy.
  • Cooperate with investigations.
  • File claim within 3 years (Article 3:310 DCC).

Frequently Asked Questions

Is psychological injury always claimable in Den Haag?

No, a diagnosis and causal link are essential. Mild stress without proof rarely succeeds.

How do I prove it?

With a doctor's statement, expert report, and symptom log.

Uninsured at-fault party?

Claim against the individual or Guarantee Fund for traffic cases.

Possible without physical injury?

Yes, in witness trauma cases (Supreme Court 13-12-2019, ECLI:NL:HR:2019:1920).

Tips for Den Haag Residents

Strengthen your case:

  • See your GP/psychologist immediately and keep receipts.
  • Avoid social media posts about recovery.
  • Get help from Legal Aid Office Den Haag or a personal injury lawyer (no win, no fee at Arslan Advocaten).
  • Reintegration via UWV if unable to work.

Related articles: Pain and Suffering Compensation.

### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation