Post-traumatic stress disorder, anxiety, depression, and other psychological complaints can deeply affect daily life, work, and social relationships. When these complaints are the result of an accident for which another party is liable, they can be a form of personal injury. A visible physical abnormality is not required for this.
What is psychological personal injury?
Psychological personal injury concerns mental disadvantage that arises or worsens due to a liable event. Even without a formal PTSD diagnosis, real anxiety, mood, or trauma complaints can be legally relevant, provided they are sufficiently substantiated and lead to limitations.
Legal framework
Articles 6:95 and 6:98 of the Dutch Civil Code (BW) are relevant for compensation and the required connection to the accident. Article 6:106 BW offers a basis for compensation for pain and suffering under certain conditions. With complaints that are difficult to objectify, the burden of proof may not be made unreasonably heavy; a real and consistent pattern of complaints remains essential.
Providing evidence for invisible injury
Report sleep problems, flashbacks, avoidance behavior, and concentration disorders in a timely manner to a general practitioner or practitioner. A consistent medical file is important. In the case of prior psychological vulnerability, a careful comparison must be made between the situation before and after the accident.
Damage items and determination
Possible items include treatment, travel expenses, loss of income, help and support, compensation for pain and suffering, and future damage. The assessment compares the hypothetical situation without the accident with the actual situation afterwards. In case of uncertainty, advances can be used until the medical prognosis is clearer.
No-obligation assessment
Do you doubt whether your complaints qualify for compensation or do you experience resistance from an insurer? Contact Arslan & Arslan Lawyers for an assessment of your situation.
