Post-traumatic stress disorder, anxiety, depression, and other psychological complaints can deeply impact 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 (Burgerlijk Wetboek, BW) are relevant for compensation and the required connection with the accident. Article 6:106 BW provides a basis for compensation for non-pecuniary damage (smartengeld) under certain conditions. With complaints that are difficult to objectify, the burden of proof should not be made unreasonably heavy; a real and consistent pattern of complaints remains essential.
Providing evidence for invisible injuries
Report sleep problems, flashbacks, avoidance behavior, and concentration disorders to your general practitioner or healthcare provider in a timely manner. 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.
Items of loss and determination
Possible items include treatment, travel expenses, loss of income, help and support, non-pecuniary damage (smartengeld), and future damage. The assessment compares the hypothetical situation without an accident with the actual situation afterwards. In case of uncertainty, advances can be used until the medical prognosis is clearer.
No-obligation assessment
Are you in doubt whether your complaints qualify for compensation or are you experiencing resistance from an insurer? Contact Arslan & Arslan Advocaten for an assessment of your situation.
