Causal Apportionment Personal Injury Damage in Delft: How Is Damage Apportioned?
Causal apportionment in personal injury cases in Delft determines how your compensation is calculated when multiple factors have contributed to your injury. This legal principle is crucial in complex cases, such as with pre-existing conditions or successive accidents in the Delft region.
What Does Causal Apportionment Mean?
In causal apportionment, the total damage is split across the various causes. The responsible party pays only the share that directly results from the unlawful act, in accordance with the practice at the District Court of The Hague.
Legal Basis
Based on Article 6:98 DCC (damage attribution) and Article 6:101 DCC (contributory negligence). The court examines:
- Conditio sine qua non: would the damage have occurred without the incident in Delft?
- Attribution according to reasonableness: is it fair to attribute this to the perpetrator?
Examples of Causal Apportionment in Delft
| Situation | Example | Apportionment |
|---|---|---|
| Pre-existing complaints | Existing back pain before accident | Only aggravation compensated |
| Different incidents | Multiple traffic accidents | Each incident weighed separately |
| Individual vulnerability | Victim extra sensitive | Usually fully compensated |
| Victim's behavior | No therapy followed | Obligation to mitigate damage |
The Thin Skull Principle
Important exception: the thin skull principle states that the perpetrator accepts the victim as they are. Special physical or mental vulnerability falls under the risk of the causer, frequently applied in Delft cases.
Calculation Step by Step
- Establish total damage - Inventory all costs in the Delft region
- Analyze causal elements - Identify contributing factors
- Percentage apportionment - Determine share per cause
- Medical examination - Expert report essential
Frequently Asked Questions about Personal Injury in Delft
Did I already have complaints before the accident in Delft?
In cases of pre-existing conditions, the aggravation caused by the incident is assessed. Only this part qualifies for compensation, except in thin skull cases. An expert measures the attribution.
How is the apportionment determined?
Via medical expert report: comparison before/after accident. The judge at the District Court of The Hague often follows this, but decides independently.
Difference with contributory negligence?
Causal apportionment focuses on the cause of the damage (due to the accident?), contributory negligence on the victim's contribution to the incident or damage. Both may be relevant.
Objection to apportionment?
Yes, via counter-expertise or legal argumentation. Consult the Juridisch Loket Delft or a specialist in time.
Conclusion for Delft
Causal apportionment requires expertise, especially at the District Court of The Hague (district). Keep medical records and engage a local personal injury lawyer via Juridisch Loket Delft for optimal representation of interests.