Psychological injury / PTSD

What is psychological injury and PTSD?

Not all injury is physical. An accident, a robbery, violence, a serious workplace accident, or the loss of a loved one can leave deep psychological scars. Common symptoms include anxiety, panic attacks, depression, sleep problems, flashbacks, and avoidance of situations that remind one of the event. When these symptoms are severe and long-lasting, it may indicate post-traumatic stress disorder (PTSD).

PTSD is a recognized psychiatric condition, included in the official classification systems for mental disorders (the DSM). It is therefore not a matter of “not being strong enough,” but an established disorder. In addition to PTSD, a depressive disorder or an anxiety disorder can also result from a traumatic event. Moreover, psychological injury often goes hand in hand with physical injury: those who sustain a severe whiplash or brain injury not infrequently also develop depressive or anxiety symptoms.

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Symptoms and recovery

The symptoms of PTSD and other psychological injuries vary from person to person, but are common:

• Re-experiencing: reliving the event in flashbacks or nightmares.
• Avoidance of places, people, or situations that remind one of what happened.
• Constant alertness, jumpiness, and irritability.
• Sleep problems and loss of concentration.
• Gloominess, feelings of guilt, and loss of interest.
• Anxiety and panic symptoms.

With the right treatment, such as trauma therapy (for example, EMDR) or cognitive behavioral therapy, much is possible and many people can recover significantly. However, recovery takes time and involves ups and downs. A timely diagnosis and treatment by a psychiatrist or psychologist are important, both for your recovery and for your medical record.

You may feel hesitant to seek help, or think that you should be able to solve it yourself. That is very understandable, but professional help is not a sign of weakness. By taking your symptoms seriously and seeking treatment, you give yourself the best chance of recovery. Moreover, a practitioner documents what you are going through, and this documentation will be of great value later on when you wish to claim compensation for damages. So do not be ashamed and do not wait too long: the sooner you get started, the better it usually is, both for you and for your case.

Liability depends on the cause

Whether you are entitled to compensation does not depend on the psychological injury itself, but on the cause of the event. Liability is determined by what happened and who is responsible for it.

If the trauma occurred during a collision, the party responsible for the traffic accident (and their insurer) is liable. If it happened at work, for example following a serious industrial accident or a robbery, your employer is usually liable due to their duty of care. In cases of violence, the perpetrator is liable; in that case, the Victims of Violent Crimes Compensation Fund may also play a role. We therefore always first determine who is responsible for payment. You can find an overview of the causes on our page about types of injuries.

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The legal threshold: personal injury

In law, an important condition applies to compensation for psychological injury. Not every grief or shock entitles one to pain and suffering compensation. There must be an infringement of personal rights, and as a rule, this means that you have a recognized psychiatric condition , such as PTSD, a depressive disorder, or an anxiety disorder, as a result of the event. Ordinary grief, anger, shock, or disappointment is not legally sufficient.

That is why a diagnosis by a psychiatrist or psychologist is so important: it demonstrates that your symptoms constitute an established disorder and are not “merely” understandable emotions. Once that hurdle is cleared, the door to reimbursement is open. An experienced advocate ensures that your case is well-substantiated on this point.

The causal link also plays a role in cases of psychological injury: the disorder must be the result of the shocking event and not have existed prior to the accident. If you already had psychological complaints beforehand, this does not automatically mean that you are not entitled to compensation. Here, too, the principle applies that the perpetrator must take you as you are; an aggravation of existing complaints due to the event qualifies for compensation. Careful substantiation with treating physicians and, if necessary, an independent expert is important in this regard.

Shock damage and emotional distress

With psychological injury, we distinguish two special forms that are worth mentioning separately.

Shock damage is the damage sustained as a result of the direct, severe shock of a shocking event, for example because you witnessed a serious accident or were confronted with the consequences thereof for a loved one. Here, too, the threshold applies: a recognized mental illness must have developed. Anyone who meets the conditions is entitled to compensation for both material damage and pain and suffering.

Emotional distress damages are something different: this is compensation for the grief of next of kin when a loved one dies or sustains serious and permanent injury due to the fault of another. Since January 1, 2019, the Netherlands has had a statutory regulation for this with fixed amounts. Depending on the relationship and the situation, these amounts range from approximately 12,500 to 20,000 euros per next of kin. These are fixed amounts established by law, and not an individual calculation.

What damages and compensation for pain and suffering in cases of psychological injury?

If the threshold is met, you are entitled to compensation for all your damages. Material damage includes, among other things, treatment costs and deductibles, loss of income if you are (partially) unable to work, travel expenses, and costs for domestic help. A full calculation of your personal injury damages maps out all these items. You can read more about your entitlements on our page about compensation.

In addition, there is compensation for emotional distress. The amount is determined based on comparable cases from the ANWB Smartengeldgids (ANWB Compensation Guide). As an indication (each case is unique), for PTSD and other recognized psychological injury, this roughly ranges from 1,500 to 25,000 euros or more, depending on the severity, duration, and recovery. For emotional distress damages, the fixed statutory amounts mentioned above apply. These amounts are explicitly indicative and serve only as a guideline.

When do you need an expert?

In cases of psychological injury, expert assistance is often advisable, precisely because the legal threshold is high and the insurer is inclined to dismiss your complaints as “understandable emotions.” An experienced advocate ensures that the diagnosis and causal link are well-substantiated, calculates your full damages, conducts negotiations, and handles your story carefully and patiently.

Also pay attention to the time limits: a claim for compensation generally lapses after five years, calculated from the moment you become aware of the damage and the liable party. Therefore, do not wait too long to report your case.

Good help doesn't have to cost you anything. Because the liable insurer reimburses the reasonable costs of legal assistance pursuant to Article 6:96 of the Dutch Civil Code, our guidance is free of charge for you as soon as liability has been established. You therefore do not have to choose between your recovery and your rights. Do you want to know where you stand? Feel free to contact us without obligation, and we will look at your situation together.