In personal injury cases in Utrecht, causality is essential: your damage must directly result from the accident. Without this causal link, you have no right to compensation, even if liability has been established.
What does causality entail?
Causality refers to the link between a wrongful act and the resulting damage. It must be proven that:
- The injury was directly caused by the accident (condicio sine qua non)
- The damage can reasonably be attributed to the wrongdoer
Two important steps
| Step | Question | Assessment |
|---|---|---|
| 1. Condicio sine qua non | Would the damage have occurred without the accident? | Factual relationship |
| 2. Attributability | Is it reasonable to attribute the damage to the wrongdoer? | Legal relationship |
Predisposition and pre-existing vulnerabilities
If you already had a weak spot (predisposition), the rule remains that the wrongdoer must accept you as you are. A prior vulnerability does not reduce liability, except if:
- The complaints would have occurred even without the accident
- The complaints have worsened in an unexpected manner due to the predisposition
Burden of proof for causal connection
The victim bears the responsibility to demonstrate the causal link. Possible aids include:
- Medical records
- Expert investigations
- The reversal rule (in case of breach of specific rules)
- Proportional liability allocation
The reversal rule explained
In the event of a breach of a specific norm intended to prevent this type of damage, it is presumed that there is a causal link. The liable party must then prove that the damage would have occurred even without this breach.
Multiple causes of damage
In some cases, there are multiple causes for the damage:
- Alternative causality: One of several possible causes
- Cumulative causality: Different causes together lead to damage
- Proportional liability: Compensation based on the probability that the accident was the cause
What if my complaints cannot be medically explained?
Even complaints without medical explanation may qualify for compensation, provided they are real, related to the accident, and consistently reported. This falls under the 'whiplash judgment' principle.How do I prove that my complaints result from the accident?
Report your complaints to a doctor as soon as possible after the accident. An overview of your complaint progression, medical records, and an expert assessment can help prove the link.What if I already had complaints before the accident?
Pre-existing complaints do not preclude compensation. The question is whether the accident worsened or accelerated your situation. You will then receive compensation for the additional damage caused by the accident.Frequently asked questions about personal injury in Utrecht
How do I determine if my injury results from the accident?
You must prove that the damage would not have occurred without the accident (condicio sine qua non). Gather medical documentation, prepare a complaint overview, and consider an expert report. A personal injury lawyer in Utrecht can assist you with this.
What if the insurer claims that my complaints already existed?
Even with prior complaints, you are entitled to compensation for the aggravation caused by the accident. The wrongdoer accepts you as you are. A medical report can demonstrate the difference in your situation before and after the accident.
When does the reversal rule apply?
This rule applies in the event of a breach of a specific safety norm intended to prevent this type of damage. The causal link is then presumed, and the opposing party must prove that the damage would have occurred even without the breach.
Can I receive compensation for medically unexplained complaints?
Yes, provided the complaints are real, consistent with the accident, and promptly reported. This follows the 'whiplash judgment' principle. 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. Depending on the situation (alternative or cumulative causes), proportional liability may be applied.
Local support in Utrecht:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht