Shock Damage from Confrontation in Delft
Shock damage from confrontation refers to psychiatric personal injury suffered by Delft residents who directly witness a serious accident or the death of a loved one. You must personally see or hear the event to claim compensation via the District Court of The Hague. This article for Delft residents explains your rights and the claims process, including advice from the Legal Aid Office Delft.
What does shock damage from confrontation mean for Delft residents?
This type of psychiatric injury affects secondary victims in Delft who are directly confronted with a traumatic incident in which a primary victim, such as a family member, suffers serious injury or dies. It falls under the broader category of shock damage and requires direct confrontation: perception at the scene using your eyes, ears, or other senses, for example, in an accident on the Markt or Rotterdamseweg.
Read more about general shock damage in our article Shock Damage and Affection Damage.
Legal basis for shock damage in the Delft region
The rule is based on Articles 6:95 and 6:106 of the Dutch Civil Code (DCC). Article 6:95 DCC addresses liability for unlawful acts due to fault, while Article 6:106 DCC compensates for psychiatric injuries such as shock damage. The District Court of The Hague applies this in cases from Delft.
Key Supreme Court rulings define the requirements:
- Supreme Court 27 October 2000, Esmil: Strict requirements for direct perception.
- Supreme Court 28 November 2003, Klein: 'Zone of the accident' – proximity required, relevant for local accidents in Delft.
- Supreme Court 11 July 2014, Jansen: Close relationship with the victim and direct causal link.
Conditions for shock damage compensation in Delft
The District Court of The Hague assesses claims based on these criteria, supported by medical and factual evidence:
- Direct sensory exposure: Perception at the location, such as a collision on the Buitenhof; no photos or stories.
- Close relational bond: Partner, child, parent, or housemate; neighbors or acquaintances usually not.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Direct link: Symptoms such as PTSD, diagnosed by a specialist and linked to the confrontation.
- Fault of the wrongdoer: Fault, such as in a collision due to negligence in Delft.
Confrontation versus mediated damage
| Aspect | Confrontation Damage | Mediated Damage |
|---|---|---|
| Perception | Direct at the scene (see/hear) | Indirect (message/news) |
| Chance of award | Good (Supreme Court) | Very limited |
| Delft Example | Parent sees child crash on N470 | Family hears later via Municipality of Delft |
| Compensation | Pain and suffering €10,000-€50,000 | Usually none |
Real-life cases of shock damage around Delft
Case 1: Traffic Accident in Delft
A mother in Delft is driving with her son on the Van Leydenweg. Due to a reckless cyclist, the car crashes. She sees his fatal injuries and develops PTSD. The District Court of The Hague awarded €28,000 in pain and suffering (inspired by Klein).
Case 2: Construction Accident
A partner rushes to a construction site near TU Delft and sees her husband crushed under collapsed beams. The Court of Appeal of The Hague (predecessor to the current court) awarded €20,000 in a recent case for the direct confrontation.
Case 3: Rejected
A brother hears sirens at a fall on the Koepoortbrug in Delft but arrives too late for the impact. No award (Esmil standard).
Rights and obligations for shock damage in Delft
Rights:
- Pain and suffering compensation (€5,000-€60,000 for suffering).
- Other costs: Therapy via local mental health services, in-home assistance.
- Access to insurance file; advance payment within a reasonable time (art. 6:96a DCC).
Obligations:
- Medical evidence from a registered physician (BIG-registered).
- Claim within 3 years (art. 3:310 DCC).
- Participate in investigation; start at Legal Aid Office Delft for free intake.
Frequently asked questions about shock damage in Delft
Can I claim if I heard about it over the phone?
No, that is mediated damage and rarely successful. Direct confrontation is essential (Esmil). Call Legal Aid Office Delft for advice.
What if the victim recovers?
Yes, possible if there is permanent serious injury. The District Court of The Hague assesses causation based on expert opinion.