Emotional loss is a form of immaterial damage suffered by third parties. Emotional loss is the result of huge grief caused by the death or serious injury of a person close to you as a result of an accident. The person who caused the damage may be made liable for this and may be ordered to compensate the emotional loss. This compensation is intended as relief for the survivors in their grief. Survivors are the victim’s partner, children or parents, or other persons in a similar relationship to the victim.
Emotional loss implies entitlement to compensation under the 2019 Dutch Emotional Loss Compensation Act (Wet Affectieschade). This was impossible until that year. The Emotional Loss Compensation Act only covers accidents that took place as of 1 January 2019. This law provides for so-called flat-rate compensation. This means that a fixed amount is paid in case of emotional loss.
Emotional loss differs from nervous shock injury. Go to “Shockschade / Nervous shock injury” for more information.
The lawyers at Elfi Letselschade Advocaat can counsel you in your claim on account of emotional loss.