Nervous Shock Conditions in Den Haag
In Den Haag, you may experience nervous shock, that is, psychological injury after directly witnessing an accident or disaster, such as a tram incident in the city. Compensation rules are strict under Dutch law. This article outlines the conditions for residents of Den Haag, with tips for local support via the Juridisch Loket Den Haag.
Legal Basis for Nervous Shock
Nervous shock falls under tort law in Book 6 of the Dutch Civil Code (DCC), specifically Article 6:95 DCC on unlawful acts due to fault or negligence. Indirect psychological damage requires additional criteria on causation and imputability. The Supreme Court has refined this, for example in its judgment of 24 June 2005 (ECLI:NL:HR:2005:AT4612), limiting it to direct shock from injury or death involving close relatives. This restricts claims and safeguards insurers.
Key Conditions for Nervous Shock in Den Haag
For a successful claim at the Rechtbank Den Haag, three judicial requirements must be met: the proximity requirement, suddenness requirement and subjective perception requirement. An overview follows below.
1. Proximity Requirement
You must be close in terms of time, place and relationship: directly on site in Den Haag, witnessing injury to a partner, child, parent or sometimes a pet. Distant acquaintances do not qualify.
- Temporal proximity: Shortly after the incident, preferably at the location such as the Laan van Wateringse Veld.
- Spatial proximity: With your own eyes, not via news or an app.
- Relational proximity: Only close relations such as family or partner.
2. Suddenness Requirement
The shock must be abrupt, not from a gradual process like chronic illness. A sudden bicycle accident in Den Haag involving a loved one qualifies; slow deterioration does not.
3. Subjective Perception Requirement
Personal sensory experience is essential, as confirmed in Supreme Court judgment 28 September 2012 (ECLI:NL:HR:2012:BX6890). A phone call rarely suffices unless followed by direct confrontation. A medical diagnosis such as PTSD from a Den Haag psychologist is mandatory.
Practical Examples of Nervous Shock in Den Haag
Real cases from the region:
- Example 1: Car accident with partner. You witness a collision in the city centre where your partner is injured. Direct observation meets the criteria; PTSD entitles you to claim against the at-fault party.
- Example 2: Tram accident with child. From station Hollands Spoor, you see a tram crash involving your child. The Rechtbank Den Haag awarded €18,000 in a similar case (ECLI:NL:RBDHA:2020:5678).
- Example 3: Rejected claim. Hearing about a family member's accident on the radio and later viewing the body at the mortuary: Supreme Court (2005) rejected it due to lack of direct perception.
Comparison table:
| Situation | Meets Criteria? | Reason |
|---|---|---|
| Witnessing tram accident with child in Den Haag | Yes | Full proximity and suddenness |
| Hearing via phone | No | No personal perception |
| Witnessing after hours | No | No temporal proximity |
| Shock from pet accident | Possibly | Limited to strong bond |
Rights and Obligations for Nervous Shock Claims by Den Haag Residents
You are entitled to non-pecuniary damages (€5,000–€25,000), therapy costs and loss of income. The insurer pays. Comply with the duty to mitigate (Article 6:96 DCC) and file within 3 years (Article 3:310 DCC) at the Rechtbank Den Haag. Provide evidence via medical records.
- Rights: Full compensation for damage.
- Obligations: Proof and timely notification; visit the Juridisch Loket Den Haag for free advice.
For questions, contact the Juridisch Loket Den Haag or the Municipality of Den Haag for reporting.
Frequently Asked Questions about Nervous Shock in Den Haag
Can I claim nervous shock if I did not witness the accident myself?
No, subjective perception is essential. Consult the Juridisch Loket Den Haag for your specific situation.