Shock Damage from Confrontation in Tilburg
Shock damage from confrontation is psychiatric personal injury for those in Tilburg who directly witness a serious accident or the death of a loved one. You must see or hear the event yourself to claim compensation. This article for residents of Tilburg explains how to assert and claim your rights, with help from local organizations such as the Legal Aid Office Tilburg.
What does shock damage from confrontation mean in Tilburg?
In Tilburg, shock damage from confrontation arises from psychiatric injuries suffered by secondary victims who directly witness trauma to a primary victim, such as a family member with serious injury or death. This falls under the broader category of shock damage and requires direct confrontation: perception through one's own senses at or near the accident location, for example on the Ringbaan or at a city intersection.
Read more about general shock damage in our article Shock Damage and Loss of Affection Damages.
Legal basis for shock damage in Tilburg
The rule stems from Articles 6:95 and 6:106 of the Dutch Civil Code (DCC). Article 6:95 DCC establishes liability for unlawful acts due to fault, while Article 6:106 DCC recognizes psychiatric harm such as shock damage. The District Court of Zeeland-West-Brabant in Breda applies this in local cases.
Key Supreme Court rulings define confrontation damage:
- Supreme Court 27 October 2000, Esmil: Direct perception required.
- Supreme Court 28 November 2003, Klein: 'Zone of the accident' – near the location in Tilburg.
- Supreme Court 11 July 2014, Jansen: Close relationship and causal link to the injury.
Conditions for shock damage compensation in Tilburg
The court, such as the District Court of Zeeland-West-Brabant, assesses medical and factual evidence:
- Direct sensory perception: Seeing, hearing, or smelling at the scene, e.g., a crash on the A65 near Tilburg. Post-event photos or stories do not count.
- Close relationship: Partner, child, parent, or housemate; friends usually not.
- Serious injury or death: Primary victim permanently disabled or deceased.
- Causal link: Symptoms like PTSD directly resulting from the confrontation, as diagnosed by a psychiatrist.
- Liability: Fault by the perpetrator, such as reckless driving in Tilburg.
Confrontation versus mediation damage
| Aspect | Confrontation Damage | Mediation Damage |
|---|---|---|
| Perception | Direct at location (Tilburg) | Indirect via media/others |
| Chance of award | High (Supreme Court case law) | Low |
| Example | Parent sees child crash on Heuvelstraat | Family hears later via news |
| Compensation | Pain and suffering €10,000-€50,000 | Usually none |
Tilburg case examples of shock damage
Example 1: Traffic accident in Tilburg
A mother is cycling with her son (12) on Westermarkt. He collides severely with a truck. She witnesses it and his death. PTSD follows. The District Court of Zeeland-West-Brabant awarded €28,000 in pain and suffering (Klein ruling), plus costs.
Example 2: Workplace accident
A partner arrives at a Tilburg construction site and sees her husband crushed by a crane. The Court of Appeal 's-Hertogenbosch (for West-Brabant) awarded €20,000 for direct confrontation.
Example 3: Rejected
A brother hears sirens at a scooter accident on Korvelboulevard and arrives too late for the crash. Only sees ambulance: no award (Esmil).
Rights and obligations in Tilburg
Rights:
- Pain and suffering compensation (€5,000-€60,000 for emotional distress).
- Non-pecuniary costs: Therapy, travel, household help.
- Access to insurer's file.
Obligations:
- Medical evidence (registered practitioner).
- Claim within 3 years (Art. 3:310 DCC).
- Cooperate with investigation.
Frequently asked questions for Tilburg
Can I claim if I heard about it by phone?
No, that is mediation damage, rarely successful. Direct confrontation required (Esmil).
If the primary victim recovers?
Yes, possible for permanent serious injury if all conditions met. Consult Legal Aid Office Tilburg.