In personal injury cases, causality is essential: your damage must directly result from the accident. Without this causal connection, there is no right to compensation, even if liability is established.
What does causality mean?
Causality refers to the direct link between an unlawful act and the resulting damage. This link must be proven by:
- Demonstrating that the injury arose from the accident (condicio sine qua non)
- Determining that the damage can logically be attributed to the perpetrator
Two important steps
| Step | Question | Assessment |
|---|---|---|
| 1. Condicio sine qua non | Would the damage have occurred without the accident? | Factual relationship |
| 2. Attributability | Is the damage legally attributable to the perpetrator? | Legal relationship |
Predisposition and personal injury
If you already had a weak spot or condition (predisposition), the perpetrator remains responsible for the consequences. The principle is that the wrongdoer accepts the victim as they are. Exceptions are:
- If the complaints would have occurred even without the accident
- If the complaints have unexpectedly worsened due to the pre-existing condition
How do you prove causal connection?
The victim bears the burden of proof for the causal connection. Possible means of evidence include:
- Medical reports and diagnoses
- Independent investigation by experts
- The reversal rule for certain violations
- Divided liability based on probability
What is the reversal rule?
In the event of a breach of a specific safety rule intended to prevent this type of damage, it is presumed that there is a causal connection. The opposing party must then prove that the damage would have occurred even without this breach.
Multiple causes of damage
In some cases, there are multiple reasons for the damage:
- Alternative causes: One of several possible reasons
- Combined causes: Different factors together lead to damage
- Proportional liability: Compensation based on the probability that the accident is the cause
Can I get compensation for medically unexplained complaints?
Yes, complaints without a medical explanation can also be compensated, provided they are demonstrably real, related to the accident, and consistently reported. This follows the so-called 'whiplash judgment' principle.How do I prove that my complaints are caused by the accident?
It is crucial to consult a doctor immediately after the accident and report your complaints. An overview of your complaint progression, medical documentation, and possibly an expert report can support the connection.What if I already had complaints before the accident?
Pre-existing complaints do not rule out compensation. The question is whether the accident aggravated or accelerated them. You will then receive compensation for the worsening caused by the accident.Frequently asked questions about personal injury in Zoetermeer
How do I establish that my injury was caused by the accident?
You must prove that the damage would not have occurred without the accident (condicio sine qua non). Collect medical documents, prepare a complaint overview, and consider an expert report. A personal injury lawyer in Zoetermeer can assist you with this.
What if the insurer claims that my complaints already existed?
Even with pre-existing complaints, you are entitled to compensation for the aggravation caused by the accident. The perpetrator must accept you as you are. A medical report can demonstrate the difference before and after the accident.
When does the reversal rule apply?
This rule applies in the event of a violation of a specific norm intended to prevent this type of damage. The causal connection is then presumed, and the opposing party must prove that the damage would have occurred even without the violation.
Can I get compensation for unexplained complaints?
Yes, provided the complaints are real, consistent with the accident, and reported immediately. This follows the 'whiplash judgment' criterion. An expert can help substantiate this.
What if my damage has multiple causes?
In cases of multiple causality, you may still be entitled to compensation. This can be determined via alternative, cumulative, or proportional liability. Contact the Juridisch Loket Zoetermeer or a lawyer for advice.