In Rijswijk, relatives of victims can claim shock damage and affection damage. These forms of compensation focus on psychological suffering, but differ in conditions and payouts.
Shock Damage: What Does It Entail?
Shock damage concerns financial compensation for mental injury resulting from directly witnessing an accident or its aftermath.
Criteria for Shock Damage
| Condition | Description | Example |
|---|---|---|
| Direct Confrontation | Witness to the incident or its consequences | Witnessing an accident or serious injuries |
| Emotional Bond | Close relationship with the victim | Family members such as parents, partners, or children |
| Psychological Injury | Provable mental disorder | Diagnosis of PTSD or depression |
| Causation | Injury directly resulting from confrontation | Trauma established by confrontation |
Key Case Law
The Taxibus judgment (HR 22 February 2002) is a leading case. A mother who witnessed an accident involving her child and developed PTSD received shock damage.
Affection Damage: What Is It?
Affection damage is a statutory compensation for grief over serious injury or the loss of a loved one. This has been codified in law since 1 January 2019.
Who Qualifies?
| Relationship | Right to Compensation |
|---|---|
| Partner (married/registered) | Yes |
| Cohabiting life partner | Yes |
| Children (minor) | Yes |
| Adult children living at home | Yes |
| Parents of victim | Yes |
| Adult children living away from home | Yes (lower amount) |
| Siblings | Only in exceptional cases |
| Other relatives | Via exceptional rule |
Affection Damage Compensation (2024)
| Circumstance | Standard Amount | In Case of Crime or Serious Fault |
|---|---|---|
| Death - partner/child living at home/parent | €17,500 | €20,000 |
| Death - child living away from home | €15,000 | €17,500 |
| Serious injury - partner/child living at home/parent | €15,000 | €17,500 |
| Serious injury - child living away from home | €12,500 | €15,000 |
Differences Between Shock Damage and Affection Damage
Although both compensations cover psychological suffering, there are clear differences in application and conditions.
Overview of Differences
| Key Point | Shock Damage | Affection Damage |
|---|---|---|
| Basis | Own psychological injury | Grief for a relative |
| Diagnosis Required | Yes, medical diagnosis required | No, not required |
| Confrontation | Essential | Not required |
| Compensation | Based on actual damage | Fixed by statute |
| Combination | Possible in addition to affection damage | Possible in addition to shock damage |
Combination of Both Types of Damage
In some cases, shock damage and affection damage can be awarded together. For example, if someone witnesses a fatal accident of a relative and thereby experiences both their own psychological injury and grief.
Definition of Serious Permanent Injury
For affection damage in cases of survival, there must be 'serious permanent injury'. This concept is not precisely defined.
Characteristics of Serious Injury
- At least 70% permanent disability
- Prolonged coma or vegetative state
- Complete paraplegia
- Severe brain injury with permanent limitations
- Multiple amputations
- Total blindness
Claim Process in Rijswijk
Applying for shock damage and affection damage involves different steps. For assistance, you can go to the Juridisch Loket Rijswijk or the District Court of The Hague.
Steps for Shock Damage
- Diagnosis of psychological injury by a specialist
- Proof of direct confrontation with the accident
- Demonstrating the link between confrontation and injury
- Determination of the actual compensation amount
Steps for Affection Damage
- Proof of relationship to the victim
- Demonstrating death or serious injury
- Apply for compensation in accordance with statutory amounts
Practical Advice
- Consult a psychiatrist for an official diagnosis of psychological suffering
- Document the confrontation with the accident thoroughly
- Apply for both compensations if applicable
- Consider affection damage for serious injury, not only death
- Consider legal support via the Juridisch Loket Rijswijk