In personal injury cases in Leiden, 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.
Meaning of Causality
Causality refers to the link between an unlawful act and the resulting damage. It is crucial to prove that:
- The injury was directly caused by the accident (condicio sine qua non rule)
- The damage can reasonably be attributed to the responsible party
Two-Step Process
| Step | Question | Assessment |
|---|---|---|
| 1. Condicio sine qua non | Would the damage also have occurred without the accident? | Factual relationship |
| 2. Attribution rule | Can the damage be legally attributed to the causer? | Legal relationship |
Predisposition and Vulnerability
If you already had a physical weakness (predisposition), the rule remains that the causer accepts you as you are. A prior vulnerability does not reduce liability, except if:
- The complaints would also have occurred without the accident
- The complaints have been aggravated by the predisposition in an unforeseeable manner
Burden of Proof for Causality
As a victim, you must demonstrate the causal connection. Means for this include, among others:
- Medical documentation
- Independent expert report
- The reversal rule in case of specific violations
- Proportional allocation of liability
Reversal Rule in Practice
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
In some cases, there are multiple reasons for the damage:
- Alternative causes: One of multiple possible triggers
- Cumulative causes: Different factors together lead to damage
- Proportional compensation: Compensation based on the probability that the accident is the cause
What if my complaints are medically unexplained?
Even complaints without medical explanation can qualify for compensation in Leiden. The condition is that they are 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?
Report your complaints as soon as possible after the accident to a doctor in Leiden. An overview of your complaint progression, medical reports, and an expert report can support the connection.What if I already had complaints before the accident?
Existing complaints do not rule out compensation. The question is whether the accident has 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 Leiden
How do I determine if 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 reports immediately after the incident, prepare a complaint overview, and consider an expert report. A personal injury lawyer in Leiden can assist you with this.
What if the insurer claims that my complaints already existed before?
Even with prior complaints, you are entitled to compensation for the aggravation caused by the accident. The causer accepts your situation as it is. A medical report can demonstrate the difference before and after the accident.
When does the reversal rule apply?
This rule applies when a specific norm intended to prevent this type of damage has been violated. The connection is then presumed, and the liable 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 and consistent and were reported immediately after the accident. This follows the 'whiplash judgment' principle. An expert in Leiden can help prove this.
What if there are multiple causes of my damage?
In cases of multiple causality, you can still claim compensation. This can be via alternative or cumulative causality, or a proportional allocation of liability.
Local Assistance in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46