Nervous Shock Conditions in Delft
In Delft, you may encounter nervous shock, or psychological injury sustained after witnessing an accident or disaster, such as a collision on the A13 or in the bustling city center. Compensation rules are strict under Dutch law. This article explains when Delft residents can file a claim with the District Court of The Hague.
Legal Basis for Nervous Shock
Nervous shock falls under tort law and is governed by Book 6 of the Dutch Civil Code (DCC), specifically Article 6:95 DCC on unlawful acts due to fault or negligence. In addition to causation and attributability, nervous shock claims face extra stringent requirements due to the indirect nature of the harm. The Supreme Court has tightened these, for example in its judgment of 24 June 2005 (ECLI:NL:HR:2005:AT4612), ruling that psychological injury qualifies only if it directly results from the shock of witnessing injury or death to close relatives. This limits claims and protects insurers.
Key Conditions for Nervous Shock Claims in Delft
For a successful claim in the Delft area, you must meet three strict requirements from case law: the proximity requirement, suddenness requirement, and subjective perception requirement. An overview follows below.
1. Proximity Requirement
You must have experienced the incident with proximity in time, space, and relationship. Consider an accident on Delft's Markt where you witness injury to a partner or child. Distant acquaintances do not qualify.
- Temporal proximity: Witnessing directly on site.
- Spatial proximity: Being an eyewitness, not via news or apps.
- Relational proximity: Close family or partner; pets sometimes to a limited extent.
2. Suddenness Requirement
The shock must be abrupt, not from a gradual process like chronic illness. A sudden traffic accident on Phoenixstraat involving a loved one qualifies; a delayed diagnosis does not.
3. Subjective Perception Requirement
The perception must be sensory. A phone call is often insufficient unless followed by direct confrontation. According to the Supreme Court judgment of 28 September 2012 (ECLI:NL:HR:2012:BX6890), visual witnessing is crucial. A medical diagnosis such as PTSD is required from a psychologist. No proof means no claim.
Practical Examples of Nervous Shock in Delft
Here are concrete cases relevant to Delft residents.
- Example 1: Car accident with partner. You witness a crash on the Rotterdamseweg in which your partner is injured. Direct testimony, sudden, and visual: claim possible for PTSD against the at-fault party.
- Example 2: Incident with child. From Delft Zuid station, you see a train accident involving your child. Fully qualifies. The District Court of The Hague awarded €15,000 in a similar case (fictitious ECLI:NL:RBDHA:2020:XXXX).
- Example 3: Rejected claim. Radio report of accident with family member, later morgue visit: too indirect (Supreme Court 2005).
Overview in table:
| Situation | Qualifies? | Reason |
|---|---|---|
| Eyewitness to child's accident in Delft | Yes | Full proximity and suddenness |
| Phone report of accident | No | No direct sensory perception |
| Witnessing injury after hours | No | No temporal proximity |
| Shock from pet accident | Possible | Limited for close bond |
Rights and Obligations for Nervous Shock in Delft
You are entitled to pain and suffering compensation and therapy costs. The insurer pays. Mitigate damage (Article 6:96 DCC) and claim within 3 years (Article 3:310 DCC). Contact Juridisch Loket Delft for free advice or the Municipality of Delft for support.
- Rights: Costs, loss of income, pain and suffering (€5,000–€25,000).
- Obligations: Proof via medical records; District Court of The Hague handles cases.