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Psychological Injury as a Head of Damage in Rotterdam

Claim psychological injury after accidents in Rotterdam: pain and suffering compensation, therapy and more via District Court of Rotterdam and Legal Aid Office. (112 characters)

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Psychological Injury as a Head of Damage in Rotterdam

In Rotterdam, with its busy traffic around the Maas and the port, psychological injury is a common head of damage. This concerns compensation for mental harm following accidents or unlawful acts, including pain and suffering compensation and costs for therapy. In the Netherlands, and specifically at the District Court of Rotterdam, this is recognized as personal injury damage upon proven causal connection.

What Does Psychological Injury as a Head of Damage Mean for Residents of Rotterdam?

Traumatic incidents such as bicycle accidents on the Erasmus Bridge, port accidents, or errors in healthcare often lead to psychological injury. Think of PTSD, depression, anxiety disorders, or burnout. As a head of damage, you can claim compensation, unlike with visible physical injury, but supported by medical evidence.

The head includes:

  • Non-material damage: Pain and suffering compensation for suffering and reduced enjoyment of life.
  • Material damage: Expenses for therapy with psychologists in Rotterdam, medication, travel costs, and loss of income due to incapacity for work.

Legal Basis

Compensation for psychological injury falls under Book 6 of the Dutch Civil Code (DCC). The core provisions are Article 6:95 DCC for unlawful acts and Article 6:106 DCC for pain and suffering. The Supreme Court (ECLI:NL:HR:2002:AE7012) treats psychological injury on par with physical injury. For medical errors, the Medical Treatment Contracts Act (MTCA) applies, and for work-related trauma, the Working Conditions Act – relevant for Rotterdam port workers.

Evidence at the District Court of Rotterdam

For a claim, you must demonstrate the link between the incident and the symptoms. Required:

  1. Diagnosis by a BIG-registered specialist.
  2. Medical records showing the progression of symptoms.
  3. No or limited prior history.

Insurers often appoint experts (Article 7:942 DCC), which can lead to disputes at the District Court of Rotterdam.

Examples of Psychological Injury and Amounts

Typical cases:

  • PTSD: Flashbacks after a tram accident. Pain and suffering compensation: €15,000 - €50,000.
  • Depression: After a workplace accident in the port, with session costs (€100-€150).
  • Anxiety disorder: Avoidance of the A20 after a crash.

Comparison: Physical vs. Psychological Injury

AspectPhysical InjuryPsychological Injury
EvidenceX-rays, scansDiagnosis, tests (e.g., SCID-I)
Pain and suffering compensationHigh for permanent disabilityLow for transient symptoms
Claim duration6-12 months1-3 years (recovery unpredictable)
Average amount€20,000-€100,000€5,000-€40,000

Practical Examples from Rotterdam

Example 1: Mrs. Jansen crashes her bicycle on the Coolsingel due to a careless driver. PTSD follows, rendering her unable to work. Compensated: €25,000 pain and suffering, €30,000 loss of income, €5,000 therapy via motor liability insurance. Total €60,000.

Example 2: Mr. De Vries witnesses a fall in the Rotterdam port. Depression develops. Employer compensates €10,000 pain and suffering plus reintegration support.

Read more about psychological injury after accidents in Rotterdam.

Rights and Obligations

Rights:

  • Full compensation, including future losses (Article 6:97 DCC).
  • Liability must be established; advance payment up to 80% after 6 months.

Obligations:

  • Minimize damage (Article 6:96 DCC): follow therapy.
  • Cooperate with investigations.
  • File claim within 3 years (Article 3:310 DCC).

Frequently Asked Questions for Residents of Rotterdam

Is psychological injury always claimable?

No, a diagnosis and causal link are essential. Mild stress without evidence is rarely compensated.

How do you prove it?

Medical statement plus expert report. Keep a symptom diary.

Uninsured 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 Claims in Rotterdam

Strengthen your case:

  • Visit your GP or psychologist immediately; keep receipts.
  • Avoid social media posts about recovery.
  • Contact the Rotterdam Legal Aid Office for free advice.
  • Hire a personal injury lawyer; no risk if successful.
  • For work-related cases: UWV or Municipality of Rotterdam for reintegration.

Related articles: Pain and Suffering Compensation in Rotterdam.