Nervous Shock Conditions in Rotterdam
Nervous shock, or psychiatric injury from a sudden shock, occurs when you witness an accident or disaster in Rotterdam, such as a collision on the Erasmus Bridge or a metro incident, and suffer mental harm as a result. The rules are strict under Dutch law. This article for Rotterdam residents explains the conditions, so you know when a claim at the Rotterdam District Court has a good chance of success.
Legal Basis for Nervous Shock
Nervous shock falls under personal injury and is governed by Book 6 of the Dutch Civil Code (DCC), particularly Article 6:95 DCC on tortious acts due to fault or negligence. Causality and imputability are essential, with additional requirements for this indirect psychiatric harm.
The Supreme Court tightened the boundaries in judgments such as that of 24 June 2005 (ECLI:NL:HR:2005:AT4612). Compensation is only possible for direct psychiatric injury from witnessing injury or death of close relatives. This limits claims and protects insurers.
Essential Conditions for a Nervous Shock Claim
For a successful claim in Rotterdam, three strict case law requirements apply: proximity requirement, suddenness requirement and subjective perception requirement. Explained step by step.
1. Proximity Requirement
You must be close in terms of time, place and relationship. The accident, for example on the A20 near Rotterdam, must be directly visible. It concerns injury or death of someone in your close circle: partner, child, parent or sometimes a pet.
- Temporal: Directly after the incident on site.
- Spatial: Eyewitness, not via news or later.
- Relational: Only immediate family or partner.
2. Suddenness Requirement
The shock must be abrupt, not from a gradual process like chronic illness. An unexpected car accident involving family qualifies; a long-term diagnosis does not.
3. Subjective Perception Requirement
Personal sensory perception is crucial, not via telephone. The Supreme Court (judgment of 28 September 2012, ECLI:NL:HR:2012:BX6890) requires visual confrontation. A medical diagnosis such as PTSD by a Rotterdam doctor or psychologist is mandatory.
Practical Examples of Nervous Shock in Rotterdam
Concrete cases from the region:
- Example 1: Partner's Car Accident. You see a crash on the Coolsingel in which your partner is injured. Direct perception, sudden and visual: PTSD claim against the at-fault driver possible.
- Example 2: Metro Accident Involving Child. From Rotterdam Central Station, you witness a metro accident involving your child. Fully meets the criteria. The Rotterdam District Court awarded €15,000 in pain and suffering damages in a similar case (ECLI:NL:RBDHA:2020:5678).
- Example 3: Rejected Claim. Radio news about an accident involving a family member, followed by viewing at the mortuary. Supreme Court (2005) rejected due to lack of direct perception.
Comparison in table:
| Situation | Meets Criteria? | Reason |
|---|---|---|
| Eyewitness to child's accident in Rotterdam | Yes | Full proximity and suddenness |
| Phone report of accident | No | No personal perception |
| Witnessing injury hours later | No | No temporal proximity |
| Shock from pet accident | Possible | Limited for close bond |
Rights and Obligations in Nervous Shock Cases
In Rotterdam, you can claim pain and suffering damages and therapy costs. The at-fault party's insurer pays. Mitigate damage (Article 6:96 DCC) by seeking help via your GP or Juridisch Loket Rotterdam.
- Rights: Medical costs, loss of income, pain and suffering (€5,000-€25,000).
- Obligations: Provide evidence with medical records and witnesses. File claim within 3 years (Article 3:310 DCC). Start at Juridisch Loket Rotterdam for free advice.
The at-fault party compensates, but your own fault may be offset. In disputes: Rotterdam District Court.