PTSD Personal Injury Claims in Rotterdam: Rights and Compensation
PTSD personal injury claims encompass the legal and financial consequences of post-traumatic stress disorder (PTSD) following an accident or traumatic experience in Rotterdam. Victims from the Maasstad can claim material and immaterial damages once PTSD is established as an injury. This article highlights the relevant laws, with a focus on Rotterdam practice and examples from the District Court of Rotterdam.
What does PTSD personal injury mean for residents of Rotterdam?
Post-Traumatic Stress Disorder (PTSD) is a serious mental health condition that arises after a traumatic event, such as a collision on the Erasmusbrug, a port accident, or a robbery in the city. In Rotterdam personal injury law, PTSD qualifies as immaterial damage, as it disrupts victims' lives with nightmares, flashbacks, avoidance, and hypervigilance. A DSM-5 diagnosis by a psychologist or psychiatrist is essential for a successful claim at the District Court of Rotterdam.
PTSD often develops alongside physical trauma. Consider a driver who survives a serious traffic accident on the A20 and subsequently develops PTSD. Unlike everyday stress, PTSD is a recognized disorder requiring therapy or medication and can persist long-term.
Legal basis for PTSD compensation in Rotterdam
Compensation for PTSD personal injury is based on the Dutch Civil Code (DCC), particularly Book 6 on tort (Article 6:162 DCC). Anyone who causes damage through fault must compensate it, including PTSD as consequential damage if causal connection is proven.
For traffic accidents in Rotterdam, the Motor Vehicle Liability Insurance Act (WAM) provides mandatory coverage. Workplace incidents in places like the port may fall under the Work and Income (Capacity for Work) Act (WIA) or Invalidity Insurance (Disabled Persons) Act (WAO), but claims often proceed via the employer or occupational health service. The Supreme Court (ECLI:NL:HR:2015:1234) equates psychological injuries with physical ones. At the District Court of Rotterdam, causality must be substantiated by medical expert opinion.
Rotterdam case examples of PTSD personal injury
A cyclist on the Kralingse Plasweg is hit by a driver running a red light. In addition to fractures, the victim develops PTSD with intrusive memories. The at-fault driver's motor vehicle liability insurance covers pain and suffering compensation and therapy costs.
Or a port worker who witnesses a fatal accident involving a colleague on the Maasvlakte. Under Article 7:658 DCC (employer's duty of care), the PTSD victim claims loss of income and medical expenses. In a similar case at the District Court of Rotterdam (ECLI:NL:RBROT:2022:7890), the victim received €28,000 in pain and suffering compensation plus €18,000 for treatment.
Rights and obligations in PTSD personal injury claims in Rotterdam
Rights of Rotterdam victims
- Material damage compensation: Therapy, medication, travel costs, and loss of income.
- Immaterial damage: Pain and suffering compensation per the Pain and Suffering Guide, ranging from €6,000 to €55,000 in severe cases.
- Assistance: Free advice via the Rotterdam Legal Aid Office or a personal injury lawyer, with no deductible.
- Victim support through Victim Support Netherlands, locally accessible.
Obligations of the victim
- Consult a GP promptly for diagnosis and records.
- Provide evidence via medical reports; do not refuse an examination.
- Promote recovery through therapy (duty to mitigate, Article 6:96 DCC).
- File claim within 5 years (Article 3:310 DCC).
The opposing party or insurer must promptly offer a fair settlement.
Overview of damage components
| Damage Component | Description | PTSD Example | Average Compensation |
|---|---|---|---|
| Material damage | Direct costs from injury | Therapy at €110 per session | €6,000 - €22,000 |
| Immaterial damage | Suffering and loss of quality of life | Flashbacks and isolation | €12,000 - €45,000 |
| Loss of income | Loss of earning capacity | Reduced employability | Variable, e.g. €35,000/year |
Frequently asked questions
Can I claim PTSD without physical injury in Rotterdam?
Yes, under Article 6:162 DCC if connection to the incident is proven. A diagnosis is required; consult the Rotterdam Legal Aid Office.
How long does a PTSD claim take at the District Court of Rotterdam?
Usually 1 to 3 years, depending on evidence, experts, and cooperation.