Shockschade refers to psychological damage that occurs from witnessing a serious accident or its immediate aftermath. This is a standalone claim, separate from any bereavement damage.
Definition of shockschade
Shockschade concerns mental damage, such as PTSD, caused by:
- Directly experiencing a serious incident
- The immediate confrontation with the consequences (e.g., seeing a body)
- Hearing news about the accident (recognized to a limited extent)
Conditions according to the Taxibus judgment
The Supreme Court has established criteria for shockschade:
- There must be an officially recognized psychiatric disorder
- The accident must be attributable to the perpetrator
- A close emotional bond with the victim is required
- The confrontation must be direct enough
Who can file a claim?
| Relationship to victim | Possibility to claim |
|---|---|
| Partner or parent | Yes, with direct confrontation |
| Child | Yes, with direct confrontation |
| Sibling | Sometimes, with strong bond |
| Friend/colleague | Exceptionally, only with very close relationship |
| Chance passerby | No as standalone claim |
Burden of proof
For a successful claim, you must demonstrate:
- An official psychiatric diagnosis
- That the confrontation is the cause of the damage
- The emotional bond with the victim
Compensation
With shockschade, you can claim compensation for:
- Costs for psychological help
- Loss of income
- Pain and suffering for immaterial damage
Can I file a claim if I did not see the accident, but saw the consequences?
Yes, directly seeing the serious aftermath, such as a body, can be sufficient. The emphasis is on the directness of the confrontation.What if PTSD develops later?
Delayed PTSD can also be claimed if it arises from the confrontation. The limitation period starts when you discover the damage.Does shockschade differ from affectieschade?
Yes, these are different claims. Affectieschade is a standard compensation for grief, while shockschade concerns psychological injury and often entails higher compensation.Frequently asked questions about shockschade in Rijswijk
Am I entitled to shockschade after an incident?
You may be entitled to shockschade if you have developed a recognized psychiatric disorder such as PTSD from witnessing a serious accident or its aftermath. A close bond with the victim, such as family, is necessary. A diagnosis and proof of confrontation are crucial. Contact a personal injury lawyer in Rijswijk for advice.
How do I start a shockschade claim?
Gather evidence such as a psychiatric diagnosis, documentation of the incident (e.g., witness statements), and proof of your relationship with the victim. Report the damage to the responsible party or insurer and engage legal assistance via, for example, the Juridisch Loket Rijswijk.
How long does a shockschade claim take?
The handling can take several months to a year, depending on the case and cooperation of the other party. Court proceedings can extend this. A lawyer can help speed up the process with strong evidence.
Can I claim if I found the victim but did not see the accident?
Yes, direct confrontation with the consequences of an accident, such as finding the victim, can be sufficient for a claim, provided it led to psychological damage and you have a close bond.
What is the difference between shockschade and pain and suffering?
Shockschade specifically concerns psychological damage from an accident or its consequences. Pain and suffering is a broader compensation for emotional and immaterial damage, and can form part of a shockschade claim.