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Damages for nervous shock

Besides immediately visible physical or fatal injuries, incidents can also cause nervous shock in others than the primary victim. Nervous shock is psychological damage caused by a traumatic incident to a loved one. The persons suffering from nervous shock can claim immaterial loss, also called compensation for pain and suffering. But  they can also claim loss of earnings because they can no longer do their job. Sometimes nervous shock does not manifest itself until after the shocking incident, for instance if the deceased have to be identified. There is a difference between immaterial loss due to confrontation with an incident or its direct effects (nervous shock) and immaterial loss caused solely by the death or injuries of a loved one (emotional loss). 

Beer advocaten represented the victim of the Taxi bus or Children’s Taxi case. This was the first time that compensation was awarded for pain and suffering. In June 2022, the Supreme Court supplemented the ruling when it gave its opinion on the doctrine of damages for nervous shock.