Shock Damage from Confrontation in Rotterdam
Shock damage from confrontation refers to psychological injury sustained by Rotterdam residents who witness a serious accident or the death of a loved one. You must have directly observed the dramatic event—for instance, seen or heard it—to file a claim with the District Court of Rotterdam. This article reveals when you are entitled to compensation in Rotterdam and how to apply via the Rotterdam Legal Aid Office.
What does shock damage from confrontation mean for Rotterdam residents?
In Rotterdam, shock damage from confrontation is recognized as psychological trauma suffered by secondary victims who witness serious injury or death of a primary victim, such as a family member, in real time. This falls under the broader category of shock damage and requires a direct confrontation at the scene, for example in the port or on the highways around the city. You must have experienced the horror firsthand with your own senses, close to the accident location.
For more on general shock damage, see our article on Shock Damage and Relational Damage.
Legal basis for shock damage in Rotterdam
The rule is based on Articles 6:95 and 6:106 of the Dutch Civil Code (DCC). Article 6:95 DCC covers liability for damage caused by fault, while Article 6:106 DCC provides compensation for psychological injuries such as shock damage. The District Court of Rotterdam applies this in local cases.
Key Supreme Court rulings define the criteria:
- Supreme Court 27 October 2000, Esmil: Strict requirements for real-time observation.
- Supreme Court 28 November 2003, Klein: 'Zone of the accident' – proximity is essential, particularly relevant for busy Rotterdam roads.
- Supreme Court 11 July 2014, Jansen: Close relationship with the victim and direct link to the trauma.
Requirements for a shock damage claim in Rotterdam
The District Court of Rotterdam approves claims if these conditions are met, supported by medical records.
- Real-time sensory experience: You saw, heard, or smelled it at the scene itself. Photos or rumors afterward? No chance.
- Close relationship: With a partner, child, parent, or housemate. Neighbors or friends? Usually no.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Direct causal link: Symptoms like PTSD proven by a Rotterdam psychiatrist.
- Fault of the wrongdoer: Negligence, such as reckless driving during rush hour on the A16.
Confrontation vs. media-induced shock damage
| Aspect | Confrontation Damage | Media-Induced Damage |
|---|---|---|
| Observation | Real-time (seeing/hearing on site) | Indirect (media/others) |
| Chance of Award | Good (Supreme Court precedent) | Minimal |
| Rotterdam Example | Parent sees child crash at Erasmus Bridge | Family reads about port accident in AD |
| Compensation | Pain and Suffering €10,000-€50,000 | Often zero |
Rotterdam case examples of shock damage
Example 1: Car accident
A Rotterdam father is driving his 10-year-old daughter across the Willemsbrug when a reckless truck causes a crash. The father witnesses his child's death and develops PTSD. The District Court of Rotterdam awarded €25,000 in pain and suffering (Klein ruling), plus care costs.
Example 2: Port accident
A wife picks up her husband at the Rotterdam port and sees him crushed by falling cargo. She witnesses his death. The Court of Appeal awarded €18,000 in 2022 for direct confrontation.
Example 3: Rejected
A sister hears sirens at a bike collision on the Kralingse Plasweg and rushes over, but only sees the ambulance leaving with her brother. No award: too late for direct observation (Esmil).
Rights and obligations for shock damage in Rotterdam
Rights:
- Pain and suffering compensation (€5,000-€60,000 for emotional distress).
- Other costs: Therapy in Rotterdam, in-home assistance.
- Access to insurer's file.
Obligations:
- Provide medical evidence from a registered practitioner (BIG-registered).
- File claim within 3 years (art. 3:310 DCC).
- Cooperate with insurer's expert assessment.
Frequently asked questions about shock damage in Rotterdam
Can I claim if I heard about it by phone?
No, that is media-induced shock damage, rarely successful. Direct confrontation required (Esmil).
If the victim recovers?
Yes, possible for permanent serious injury if all criteria are met. Consult the Rotterdam Legal Aid Office.