What is progressive damage after injury?
Brief definition: Progressive damage occurs when your injury or symptoms worsen over time instead of improving. This may lead to higher compensation, but it requires demonstrating the connection to the original accident. The liable party remains responsible for all consequences that can reasonably be attributed to the accident.
When does progressive damage occur?
Progressive damage can arise from:
- Medical complications: Osteoarthritis developing after a fracture
- Secondary conditions: Overuse of other body parts due to compensation
- Psychological consequences: Worsening PTSD or depression
- Accelerated wear and tear: Joints deteriorating faster due to the injury
- Chronic pain: Acute pain becoming chronic
Examples of progressive damage
Example 1: Knee injury and osteoarthritis
After a knee injury caused by an accident, you develop osteoarthritis years later. This may qualify as progressive damage if the osteoarthritis is linked to the original injury.
Example 2: Whiplash and chronic symptoms
Whiplash symptoms that initially seemed mild become chronic, leading to permanent limitations and inability to work.
Example 3: Back injury and herniated disc
A back injury causes instability, resulting in a herniated disc later that requires surgical treatment.
Proving causation
The key to progressive damage is establishing causation:
- Medical documentation: Complete treatment history from the time of the accident
- Expert report: Medical specialist confirming the connection
- Counter-expertise: Independent expert if the insurer disputes the connection
The role of pre-existing conditions
Sometimes you already had symptoms before the accident (pre-existence). This affects compensation:
- Worsening of existing conditions: The liable party is responsible for the deterioration
- Predisposition: A vulnerable individual is entitled to full compensation ("thin skull rule")
- Independent coincidence: If symptoms would have occurred without the accident, this may limit compensation
Reopening settled cases
If you have already reached a settlement and later experience progressive damage:
With reservation
If the settlement agreement includes a reservation for future damage, you can file an additional claim.
Without reservation
Without a reservation, reopening is difficult but sometimes possible in cases of:
- Unforeseen severe deterioration
- Mistake about future developments
- Breach of disclosure obligations by the insurer
Tips for dealing with progressive damage
- Document all symptoms and treatments carefully
- Report any deterioration immediately to the insurer
- Ask your doctor to record the connection to the accident
- Do not accept a final discharge without reservation if the prognosis is uncertain
- Consult a personal injury lawyer in a timely manner
Frequently asked questions about progressive damage
How do I prove that deterioration is due to the accident?
You need medical documentation that demonstrates the connection. An expert report from a medical specialist can be decisive.
Can I still claim compensation after a settlement?
This depends on the settlement agreement. With a reservation for future damage, yes; without a reservation, it is more difficult but sometimes possible.
What if the insurer disputes the causation?
You can engage an independent medical expert (counter-expertise). If the dispute persists, the court will decide based on expert reports.
Does progressive damage expire?
The 5-year statute of limitations begins when you become aware of the damage. For progressive damage, this may be later than the date of the accident.
Should I report deterioration immediately?
Yes, report any deterioration to the insurer as soon as possible. This prevents disputes about the timing and connection to the accident.
Where can I get help with progressive damage in The Hague?
A personal injury lawyer can assist you in claiming progressive damage and proving causation. Contact us for advice in The Hague.