Shock Damage from Confrontation in Den Haag
Shock damage from confrontation refers to psychiatric injury sustained by those in Den Haag who directly witness a serious accident or the death of a loved one. You must personally see or hear the event to qualify for compensation. This article for residents of Den Haag explains how to pursue a claim before the Rechtbank Den Haag.
What constitutes shock damage from confrontation in Den Haag?
In Den Haag, shock damage from confrontation arises when a secondary victim suffers psychological harm from direct exposure to a trauma involving a primary victim (such as a family member) who is seriously injured or killed. This falls under the broader category of shock damage and requires direct confrontation: perception through one's own senses at the scene or in the immediate vicinity of the incident, for example on the busy roads around the city center.
Read more about general shock damage in our article on Shock Damage and Affection Damage.
Legal basis for shock damage in Den Haag
The rule is based on Articles 6:95 and 6:106 of the Dutch Civil Code (DCC). Article 6:95 DCC addresses liability for fault, while Article 6:106 DCC compensates for psychological harm such as shock damage. The Supreme Court established criteria in key rulings:
- HR 27 October 2000, Esmil: Direct sensory perception required.
- HR 28 November 2003, Klein: 'Zone of the accident' – proximity required.
- HR 11 July 2014, Jansen: Close relationship and causal link to the injury.
Conditions for shock damage compensation in Den Haag
The Rechtbank Den Haag assesses claims based on these requirements, supported by medical and factual evidence.
- Direct perception: Seeing, hearing, or smelling it on site, such as in a crash on the Utrechtsebaan. Post-event photos do not count.
- Close relationship: Spouse, child, parent, or cohabitant; friends usually not.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Causal link: Symptoms like PTSD directly resulting from the confrontation, confirmed by a psychiatrist.
- Fault of the wrongdoer: E.g., reckless driving in Den Haag traffic.
Confrontation vs. media shock damage
| Aspect | Confrontation Damage | Media Damage |
|---|---|---|
| Perception | Direct (on site) | Indirect (media/told) |
| Chance of Award | High (Supreme Court precedent) | Low (almost never) |
| Example | Parent sees child crash | Family hears news later |
| Compensation | Pain and Suffering €10,000-€50,000 | Often none |
Practical cases of shock damage in Den Haag
Case 1: Traffic accident on Binckhorstlaan
A mother is driving with her son (12) through Den Haag. Due to a truck driver's negligence, their car crashes. She witnesses his death. PTSD follows. The Rechtbank Den Haag awarded €28,000 in pain and suffering compensation (Klein ruling), plus costs.
Case 2: Construction accident in Scheveningen
A partner arrives at a Den Haag construction site and sees her husband crushed under debris. The Court of Appeal of Den Haag (2023) awarded €20,000 for direct confrontation.
Case 3: Rejected in Schilderswijk
A brother hears sirens at a bicycle accident and arrives too late for the crash. He only sees the ambulance. No claim: perception too late (Esmil).
Rights and obligations in shock damage cases in Den Haag
Rights:
- Pain and suffering compensation (€5,000-€60,000 for suffering).
- Other damages: Therapy, household help.
- Access to the insurer's file.
Obligations:
- Medical evidence (BIG-registered doctor).
- Claim within 3 years (Art. 3:310 DCC).
- Cooperate with investigation.
Frequently asked questions about Den Haag
Possible to claim via phone call?
No, that is media shock damage, rarely successful. Direct confrontation required (Esmil).
If primary victim recovers?
Yes, if serious permanent injury. Rechtbank Den Haag assesses causality.
Where to get advice in Den Haag?
Visit Juridisch Loket Den Haag or Gemeente Den Haag for referrals.