In personal injury, causality is essential: your damage must directly result from the accident. Without this causal connection, you have no right to compensation, even if liability has been established.
What does causality mean?
Causality refers to the link between an unlawful act and the resulting damage. It is crucial to demonstrate that:
- The injury was directly caused by the accident (condicio sine qua non)
- The damage can reasonably be attributed to the causer
The process in two phases
| Phase | Question | Assessment |
|---|---|---|
| 1. Condicio sine qua non | Would the damage also have occurred without the accident? | Factual relationship |
| 2. Attribution | Is it reasonable to attribute the damage to the causer? | Legal relationship |
Pre-existing vulnerabilities
If you already had a weak spot (predisposition), the rule applies that the causer must accept you as you are. A pre-existing condition does not reduce liability, except if:
- The complaints would also have occurred without the accident
- The complaints have worsened in an unexpected manner due to the vulnerability
Burden of proof for causal connection
The victim is responsible for proving the causal connection. Means that can help with this include, among others:
- Medical records and reports
- Independent investigation by experts
- The reversal rule in case of violation of specific rules
- Proportional liability allocation
The reversal rule explained
When a specific rule has been violated that was intended to prevent this type of damage, it is presumed that there is a causal connection. The liable party must then prove that the damage would also have occurred without this violation.
Multiple causes of damage
In some cases, there are different causes for the damage:
- Alternative causality: One cause from multiple possibilities
- Cumulative causality: Different causes together lead to damage
- Proportional liability: Damage compensation based on the chance that the accident is the cause
What if my complaints cannot be medically explained?
Even complaints without medical explanation can qualify for compensation. However, they must be real, related to the accident, and consistently documented. This principle stems from the so-called 'whiplash judgment'.How do I prove that my complaints are caused by the accident?
It is important to report your complaints to a doctor immediately after the accident. An overview of your complaints, medical reports, and an expert assessment can help prove the connection.What if I already had complaints before the accident?
Pre-existing complaints do not rule out compensation. The key question is whether the accident aggravated or accelerated the complaints. You will then receive compensation for the worsening caused by the accident.Frequently asked questions about personal injury in Rijswijk
How can I prove that my injury was caused by the accident?
You must demonstrate that the damage would not have occurred without the accident (condicio sine qua non). Collect medical documentation immediately after the incident, prepare a complaints overview, and consider an expert report. A personal injury lawyer in Rijswijk can assist you with this via the Juridisch Loket Rijswijk.
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 causer must take you as you are. A medical report can demonstrate the difference between your situation before and after the accident.
When does the reversal rule apply?
This rule applies if a specific norm has been violated that was intended to prevent this type of damage. The causal connection is then presumed, and the other party must prove that the damage would also have occurred without the violation.
Can I get compensation for medically unexplained complaints?
Yes, provided the complaints are real, consistent, and reported immediately after the accident. This follows from the 'whiplash judgment'. An expert can help demonstrate this.
What if my damage has multiple causes?
In cases of multiple causality, you may still be entitled to compensation. This can be via alternative or cumulative causality, or via proportional liability. For legal advice, you can go to the Juridisch Loket Rijswijk or submit a case to the Rechtbank Den Haag.