Psychological Injury as a Head of Damage in Amsterdam
In the bustling streets of Amsterdam, where bicycle accidents and tram incidents are commonplace, psychological injury represents a significant head of damage. This covers compensation for mental harm following an accident or tort, including non-material damage such as pain and suffering awards and material expenses for therapy. In the Netherlands, and particularly at the Amsterdam District Court, it is a standard component of personal injury claims, provided it is proven and causally linked to the incident.
What Does Psychological Injury as a Head of Damage Mean for Amsterdammers?
Psychological injury often arises after traumas such as a collision on the canals, a bicycle fall in the city center, or a mistake by a local employer. This includes PTSD, depression, anxiety disorders, or burnout due to stress. As a head of damage, you can claim compensation for past and future losses. Unlike physical injury, it is invisible but objectively verifiable through diagnoses by Amsterdam-based specialists.
The head of damage breaks down into:
- Non-material damage: Pain and suffering awards for grief, sorrow, and reduced enjoyment of life.
- Material damage: Costs for psychologists in Amsterdam, medication, public transport expenses, and loss of income due to incapacity.
Legal Basis at Amsterdam District Court
Compensation for psychological injury falls under Book 6 of the Dutch Civil Code (DCC). The core provisions are Article 6:95 DCC for torts and Article 6:106 DCC for pain and suffering. The Supreme Court (ECLI:NL:HR:2002:AE7012) treats psychological injury on par with physical injury. For medical errors, the Medical Treatment Contracts Act (WGBO) applies, and for work-related trauma, the Working Conditions Act. Amsterdam District Court handles many such cases from the city.
Evidence for Your Claim
For recognition as a head of damage at Amsterdam District Court, causation must be clearly established. Required:
- Diagnosis by a BIG-registered psychologist or psychiatrist in Amsterdam.
- Medical file documenting the progression of symptoms (anamnesis).
- No or limited prior psychological issues.
Insurers often appoint experts (Article 7:942 DCC). The Amsterdam Legal Aid Office provides free advice on evidence.
Common Psychological Injuries and Amounts
Typical in Amsterdam:
- PTSD: Flashbacks after a tram accident, avoidance of the A10 Ring Road. Pain and suffering: €15,000 - €50,000.
- Depression: Apathy following a bicycle collision. Plus therapy (€100-€150 per session at local practices).
- Anxiety disorder: Panic when crossing Vijzelstraat.
Comparison: Physical vs. Psychological Injury
| Aspect | Physical Injury | Psychological Injury |
|---|---|---|
| Evidence | X-rays, scans | Diagnosis, tests (e.g., SCID-I) |
| Pain and suffering compensation | High for permanent disability | Low for transient symptoms |
| Claim duration | 6-12 months | 1-3 years (recovery unpredictable) |
| Average amount | €20,000-€100,000 | €5,000-€40,000 |
Real-Life Examples from Amsterdam
Example 1: Ms. Jansen crashes her bicycle on Damrak due to a scooter rider. PTSD follows, with work incapacity. Claim: €25,000 pain and suffering, €30,000 lost income, €5,000 therapy with an Amsterdam psychologist. Total €60,000 via liability insurance.
Example 2: Mr. De Vries witnesses a fall at a Municipality of Amsterdam construction site. Depression develops. Employer compensates €10,000 pain and suffering plus reintegration support.
Read more about psychological injury after accidents in Amsterdam.
Your Rights and Obligations
Rights:
- Full compensation, including future losses (Article 6:97 DCC).
- Fault must be established; no no-fault system.
- Advance payment up to 80% after 6 months.
Obligations:
- Mitigate damage (Art. 6:96 DCC): attend therapy.
- Cooperate with investigations.
- File claim within 3 years (Art. 3:310 DCC).
Frequently Asked Questions
Is psychological injury always compensable?
No, a diagnosis and causal link are required. Mild stress without proof rarely succeeds at Amsterdam District Court.
How do you prove it?
Medical certificate plus expert report. Keep a symptom diary.
Perpetrator uninsured?
Recover from the perpetrator or Guarantee Fund for traffic cases.
Possible without physical injury?
Yes, in cases of witness stress (Supreme Court 13-12-2019, ECLI:NL:HR:2019:1920).
Tips for Amsterdammers
Strengthen your claim:
- Visit your GP or psychologist immediately; keep receipts.
- Avoid social media posts about recovery.
- Start at Amsterdam Legal Aid Office for free assistance.
- Hire a personal injury lawyer; no cost risk.
- Reintegration via UWV for work incapacity.
Related articles: Pain and Suffering Compensation in Amsterdam.