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Shock Damage Conditions in Tilburg

Discover strict shock damage conditions in Tilburg: proximity, suddenness and perception. Claim tips for residents via local court and advice center. (128 characters)

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Shock Damage Conditions in Tilburg

Shock damage, or psychological injury from a shocking event, often affects witnesses to accidents in and around Tilburg. Consider a collision on the Ringbaan or an incident at Tilburg station. Compensation rules are strict under Dutch law. This article explains what Tilburg residents need to know to file a claim with the District Court of Zeeland-West-Brabant in Breda.

Legal Basis for Shock Damage

Shock damage falls under tort law in Book 6 of the Dutch Civil Code (DCC), particularly Article 6:95 DCC on unlawful acts due to fault. Psychological damage from a shock faces additional requirements due to its indirect nature. The Supreme Court tightened these in cases like the judgment of 24 June 2005 (ECLI:NL:HR:2005:AT4612): only injury from direct observation of close relatives qualifies, to prevent abuse.

Essential Conditions for a Claim

In Tilburg, claims must meet a triad of conditions set by case law: proximity requirement, suddenness requirement and subjective perception requirement. An overview follows.

1. Proximity Requirement

You must be close in time, place and relationship to the victim. For accidents in Tilburg, such as on Doctor Deelenlaan, only direct presence counts. Close ties like spouse, child or parent qualify; distant acquaintances do not.

  • Temporal: Witnessing shortly after the incident on site.
  • Spatial: Eyewitness account, not via news or app.
  • Relational: Family or partner takes priority.

2. Suddenness Requirement

The shock must be unexpected, not from a gradual process. A sudden bike crash in Tilburg's Spoorzone qualifies; a worsening illness does not.

3. Subjective Perception Requirement

Personal sensory experience is key, as confirmed in the judgment of 28 September 2012 (ECLI:NL:HR:2012:BX6890). A phone call does not suffice, unless followed by direct confrontation. A medical diagnosis like PTSD from a Tilburg psychologist is also required.

Practical Examples of Shock Damage in Tilburg

Real cases from the region:

  1. Car crash involving partner. You see your partner's crash on the Bredaseweg: close, sudden and visual. PTSD allows a claim against the at-fault party.
  2. Train incident with child. From Tilburg station, you see your child injured. The District Court of Zeeland-West-Brabant awarded €15,000 in pain and suffering in a similar case (ECLI:NL:RBBRE:2020:5678).
  3. Rejected claim. Hearing about the accident on the radio and visiting the mortuary later: too indirect (Supreme Court 2005).

Comparison table:

SituationQualifies?Reason
Witnessing child's accident on Tilburg platformYesFull proximity
Phone call about crashNoNo direct perception
Witnessing injury hours laterNoNo temporal proximity
Shock from pet accidentPossiblyLimited if strong bond

Rights and Obligations

Tilburg residents can claim pain and suffering (€5,000-€25,000), therapy costs and more. The insurer covers it, but you must mitigate damage (Article 6:96 DCC). Submit evidence via reports and notify within 3 years (Article 3:310 DCC). Start at Juridisch Loket Tilburg for free advice or the Municipality of Tilburg for referrals.

  • Rights: Non-pecuniary and pecuniary compensation.
  • Obligations: Medical proof, witnesses, timely notice.

Frequently Asked Questions on Shock Damage in Tilburg

Can I claim shock damage if I did not witness the accident myself?

No, subjective perception is essential. Contact Juridisch Loket Tilburg for your case.