Causality, or causation, means that your personal injury directly results from the accident. Without this link, you have no right to compensation, even if liability has been established.
Meaning of Causality
Causality refers to the relationship between an unlawful act and the resulting damage. It must be clear 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 Important Steps
| Step | Question | Assessment |
|---|---|---|
| 1. Condicio sine qua non | Would the damage also have occurred without the accident? | Factual relationship |
| 2. Attributability | Is it reasonable to attribute the damage to the causer? | Legal relationship |
Predisposition and Pre-existing Vulnerabilities
If you already had a weak spot or condition (predisposition), the rule applies that the causer must take you as you are. A pre-existing vulnerability does not reduce liability, except if:
- The complaints would also have occurred without the accident
- The complaints have worsened in an unexpected way due to the pre-existing condition
Burden of Proof for Causation
It is up to the victim to prove the causation. Means that can help include, among others:
- Medical records and reports
- Independent expert examination
- The reversal rule in cases of clear norm violations
- Proportional liability in cases of shared causes
The Reversal Rule Explained
In the event of a breach of a specific safety norm intended to prevent this type of damage, it is presumed that there is causation. The liable party must then prove that the damage would also have occurred without this breach.
Multiple Causes of Damage
In some cases, there are multiple factors contributing to the damage:
- Alternative causality: One of several possible causes is responsible
- Cumulative causality: Different causes together lead to the damage
- Proportional liability: Compensation based on the probability that the accident was the cause
Are medically unexplained complaints also compensable?
Yes, complaints without a medical explanation can also qualify for compensation. They must be real, related to the accident, and consistently reported. This follows from the so-called 'whiplash judgment'.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 records, and an expert report can support the link.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 these complaints. You will then receive compensation for the additional damage caused by the accident.Frequently Asked Questions about Causality in Westland
How do I prove that my injury was caused by the accident?
You must demonstrate that the damage would not have occurred without the accident. Gather medical documentation, create a timeline of complaints, and consider an expert report. A personal injury lawyer in Westland 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 causer takes 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 norm intended to prevent this type of damage. The link is then presumed, unless the other party proves that the damage would also have occurred without the breach.
Do I get compensation for medically unexplained complaints?
Yes, provided the complaints are real and consistent and were reported immediately after the accident. This follows from the 'whiplash judgment'. An expert can help prove this.
What if there are multiple causes of my damage?
In cases of multiple causality, you can still claim compensation. Depending on alternative or cumulative causes, proportional liability may be applied.
For legal assistance in Westland, you can contact the Juridisch Loket Westland or submit a case to the District Court of The Hague.