Shockschade
Shock damage (shockschade)
Shock damage is the harm someone suffers from witnessing or being confronted with a serious accident involving a loved one, resulting in a recognised psychiatric injury.
Shock damage
Shock damage is compensation for harm someone suffers from having witnessed a serious accident, or having been directly confronted with its consequences, and from developing a recognised psychiatric condition as a result. The legal basis is Article 6:106(1)(b) BW. In the leading Taxibus judgment (Supreme Court, 22 February 2002) the criteria for shock damage were further developed.
Requirements for a successful claim
Extent of compensation
Shock damage covers both material damage (such as medical costs and loss of earning capacity) and non-material damage (pain and suffering). In Dutch practice (2026) the pain-and-suffering award typically ranges between €10,000 and €40,000, depending on the severity and duration of the complaints.
Practical consequences
Anyone claiming shock damage is wise to obtain a psychiatric diagnosis as soon as possible and to keep all medical documentation. Without a formal diagnosis a claim is usually rejected. Shock damage is separate from affection damage (Article 6:108(3) BW), which provides a fixed sum to relatives and does not require psychiatric injury.
“A mother who sees her child being hit and consequently develops post-traumatic stress disorder can claim shock damage from the liable driver.”
Source: AI
Problems at work?
Schedule a free consultation with one of our employment law specialists. We speak your language.