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Psychological Injury as a Head of Damage in Tilburg

Tilburg residents: claim psychological injury after accident. Compensation for PTSD, depression via Breda District Court and Legal Aid Office. Local tips and examples.

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Psychological Injury as a Head of Damage in Tilburg

In Tilburg, you can claim psychological injury as a head of damage for mental harm resulting from an accident or unlawful act. This covers non-pecuniary losses such as pain and suffering compensation, as well as pecuniary expenses like therapy. For Tilburg residents, this is a standard element of personal injury claims, provided it is proven and linked to the incident, and it is handled by the District Court of Zeeland-West-Brabant in Breda.

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

Psychological complaints often arise after traumatic events, such as a collision on the Ringbaan or a fall at a construction site in the municipality of Tilburg. Examples include PTSD, depression, anxiety disorders, or burnout symptoms. As a head of damage, you can demand compensation for past and future harm. Unlike physical injuries, this is not visible but can be established through medical reports.

The claim is divided into:

  • Non-pecuniary damage: Pain and suffering compensation for distress, gloom, and reduced enjoyment of life.
  • Pecuniary damage: Costs for psychologists, medication, travel, and loss of income due to inability to work.

Legal Basis

Compensation for psychological injury falls under Book 6 of the Dutch Civil Code (BW). The core provision is Article 6:95 BW for unlawful acts causing damage. Non-pecuniary damage follows from Article 6:106 BW (pain and suffering). The Supreme Court (ECLI:NL:HR:2002:AE7012) treats psychological injury on par with physical injury. In cases of medical errors, the WGBO applies, and for workplace accidents, the Working Conditions Act. Local cases in Tilburg are heard at the District Court of Zeeland-West-Brabant (Breda location).

Gathering Evidence for Your Claim in Tilburg

For a successful psychological injury claim, the link between the event and the complaints must be clear. Required:

  1. Diagnosis from a BIG-registered specialist.
  2. Complete medical file showing the development of complaints.
  3. No or limited prior psychological issues.

Insurers often appoint an expert (Article 7:942 BW). Start at the Legal Aid Office Tilburg for free guidance.

Common Psychological Injuries and Amounts

Typical cases in Tilburg:

  • PTSD: Flashbacks, avoidance, hyperarousal. Pain and suffering: €15,000 - €50,000.
  • Depression: Apathy, dark thoughts. Plus therapy (€100-€150 per session).
  • Anxiety disorder: Panic attacks, driving anxiety after an accident on the A58.

Comparison of Physical and Psychological Injury

AspectPhysical InjuryPsychological Injury
EvidenceScans, photosDiagnostics, tests (SCID-I)
Pain and SufferingHigh for scarsLow for temporary issues
Claim Duration6-12 months1-3 years (recovery variable)
Average€20,000-€100,000€5,000-€40,000

Tilburg Case Examples

Example 1: Ms. Jansen from Tilburg crashes her bike on Heuvelstraat due to a reckless driver. PTSD follows, work stops. Compensation: €25,000 pain and suffering, €30,000 lost income, €5,000 therapy. Total €60,000 via liability insurance.

Example 2: Mr. De Vries witnesses a fall at a Tilburg construction site. Depression develops. Employer compensates €10,000 pain and suffering + reintegration.

Read more in Psychological Injury After an Accident.

Your Rights and Obligations

Rights:

  • Full compensation, including future prospects (Art. 6:97 BW).
  • Fault must be established; no no-fault liability.
  • Advance payment up to 80% after 6 months.

Obligations:

  • Mitigate damage (Art. 6:96 BW): attend therapy.
  • Cooperate with investigations.
  • File claim within 3 years (Art. 3:310 BW).

Frequently Asked Questions for Tilburg

Is psychological injury always claimable?

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

How do you prove it in Tilburg?

With a specialist's statement and diary. Legal Aid Office Tilburg helps build your case.

Perpetrator uninsured?

Claim against the individual or Guarantee Fund for traffic cases.

Possible without physical injury?

Yes, in witness trauma cases (Supreme Court 13-12-2019, ECLI:NL:HR:2019:1920).

Tips for Tilburg Residents

Strengthen your case:

  • Visit your GP/psychologist immediately; keep receipts.
  • Avoid social media posts about recovery.
  • Consult a personal injury lawyer (no risk with Arslan Advocaten) or Legal Aid Office Tilburg.
  • For work cases: UWV reintegration.

Related articles: Pain and Suffering Compensation.