Psychological Injury as a Head of Damage in Delft
In Delft, a vibrant student city full of cyclists, psychological injury can arise as a head of damage following accidents on busy roads such as the Markt or Phoenixstraat. This involves compensation for mental harm caused by an accident or wrongful act, including non-pecuniary damage such as pain and suffering compensation and pecuniary expenses for therapy. In the Netherlands, and specifically at the District Court of The Hague which handles Delft cases, this is a standard component of personal injury claims, provided it is proven and causally linked to the incident.
What Does Psychological Injury as a Head of Damage Mean for Delft Residents?
Traumatic events such as cycling accidents, incidents at TU Delft, or medical errors often lead to psychological injury. This includes PTSD, depression, anxiety disorders, or burnout symptoms. As a head of damage, you as a Delft resident can claim compensation for past and future harm. Unlike physical injury, this is not visible but can be objectively established with medical reports.
The head of damage consists of:
- Non-pecuniary damage: Pain and suffering compensation for grief, low mood, and reduced enjoyment of life.
- Pecuniary damage: Costs for psychologist visits, medication, travel, and loss of income due to inability to work.
Legal Basis in the Delft Context
Compensation for psychological injury falls under Book 6 of the Dutch Civil Code (DCC). The core provision is Article 6:95 DCC for wrongful acts causing damage. Non-pecuniary damage follows from Article 6:106 DCC (pain and suffering). The District Court of The Hague applies this in local cases.
Key rulings include the Supreme Court judgment (ECLI:NL:HR:2002:AE7012), which equates psychological injury with physical injury. For medical errors, the Medical Treatment Contracts Act (WGBO) applies, and for work-related trauma, the Working Conditions Act.
Evidence for Psychological Injury in Delft
For a successful claim at the District Court of The Hague, you as a Delft resident must prove that the incident caused the symptoms. Required:
- Diagnosis by a BIG-registered specialist.
- Complete medical file showing the development of symptoms.
- No or limited prior psychological issues.
Insurers often appoint experts under Article 7:942 DCC. The Juridisch Loket Delft offers free advice on evidence.
Typical Psychological Injuries and Amounts
Commonly seen in Delft:
- PTSD: Flashbacks, avoidance of busy cycle paths. Pain and suffering: €15,000 - €50,000.
- Depression: Apathy, dark thoughts. Plus therapy (€100-€150 per session).
- Anxiety disorder: Panic in city center traffic situations.
Comparison: Physical vs. Psychological Injury
| Aspect | Physical Injury | Psychological Injury |
|---|---|---|
| Evidence | X-rays, scans | Diagnosis, tests (e.g., SCID-I) |
| Pain and suffering compensation | High for permanent disability | Low for transient symptoms |
| Claim duration | 6-12 months | 1-3 years (recovery unpredictable) |
| Average amount | €20,000-€100,000 | €5,000-€40,000 |
Real-Life Examples from Delft
Example 1: Ms. Jansen from Delft crashes her bike due to a reckless rider on the Koepoortweg. PTSD follows, and her job at the Delft municipality ends. Compensation: €25,000 pain and suffering, €30,000 loss of income, €5,000 therapy. Total €60,000 via liability insurance.
Example 2: Mr. De Vries witnesses a serious workplace accident at TU Delft. Depression develops. Employer compensates €10,000 pain and suffering plus reintegration via liability insurance.
Read more about psychological injury after an accident in Delft.
Rights and Obligations for Delft Residents
Rights:
- Full compensation, including future losses (Article 6:97 DCC).
- Admission of liability or proof required; no no-fault system.
- Advance payment up to 80% after 6 months.
Obligations:
- Mitigate damage (Art. 6:96 DCC): attend therapy.
- Cooperate with expert assessment.
- File claim within 3 years (Art. 3:310 DCC).
Frequently Asked Questions about Delft
Is psychological injury always compensable?
No, diagnosis and causal link are essential. Mild stress without proof is rarely accepted by the District Court of The Hague.
How do I prove it in Delft?
Medical certificate plus expert report. Keep a symptom diary and consult Juridisch Loket Delft.
No insurance with the at-fault party?
Recover from the at-fault party or Guarantee Fund for traffic cases.
Possible without physical injury?
Yes, in cases of witness stress (Supreme Court 13-12-2019, ECLI:NL:HR:2019:1920).
Tips for Delft Residents
Strengthen your claim:
- See your GP or psychologist immediately; keep receipts.
- Avoid social media posts about recovery.
- Contact Juridisch Loket Delft for free help or hire a personal injury lawyer (no win, no fee).
- For work-related cases: UWV reintegration.
Related articles: Pain and Suffering Compensation in Delft.