Causality in CRPS: Proving the Causal Link for Residents of Delft
Causality in CRPS means proving the connection between an accident or injury and Complex Regional Pain Syndrome (CRPS). For Delft residents, this is essential in personal injury claims at the The Hague District Court. Without this link, your compensation claim risks rejection, even with severe pain, swelling, and limitations.
What Does Causality Mean in Personal Injury Cases in Delft?
In Dutch law, causality is key to liability: is the damage a direct consequence of someone else's fault, such as a bike accident on Delft's Market Square or a medical error? CRPS, with chronic pain and changes in skin and mobility, is complex due to potential multiple causes.
CRPS often follows a minor trauma, like a fall while cycling in Delft. The The Hague District Court assesses whether the trauma was the 'trigger' using the condition theory: would the damage have occurred without this event? If so, no causality.
Legal Basis for Causality in CRPS Cases
Based on Dutch Civil Code Book 6:
- Art. 6:162 DCC: Tort requires attributable damage.
- Art. 6:97 DCC: Causality in fault-based liability.
- Art. 6:95 DCC: Stricter test in strict liability.
In Delft cases, the The Hague District Court applies the Budapest Criteria, plus temporal connection (symptoms shortly after trauma).
How to Prove Causality in CRPS Cases in Delft?
Combine medical and legal evidence. Delft residents must demonstrate:
- Trauma: records from GP or Municipality of Delft on the incident.
- Temporal link: symptoms within weeks.
- No other causes: rule out prior complaints.
An expert report (art. 200 CCP) is often decisive, with MRI, bone scans, and neurological tests. Start at Juridisch Loket Delft for free advice.
| Factor | Contribution to Causality | Delft Example |
|---|---|---|
| Temporal link | High | Symptoms after fall on Delft sidewalk |
| Medical evidence | High | Bone scan confirms stage 3 |
| Prior conditions | Low/Medium | Diabetes weakens claim |
| Psychological factors | Variable | Depression from pain, not trigger |
Case Law Examples Relevant for Delft
Example 1: Fall in Delft store, ankle fracture and CRPS. The Hague District Court (fict. ECLI:NL:RBDHA:2020:5678) awarded €48,000 in pain and suffering after expert confirmation of trauma as trigger.
Example 2: Bike accident in Delft with whiplash and arm CRPS. Insurer denies; The Hague District Court establishes causality via differential diagnosis.
Example 3: Workplace injury on TU Delft campus, CRPS after contusion. Employer claims stress; court sides with victim: trauma decisive.
Rights and Obligations for Delft Residents
Rights:
- Compensation: medical costs, loss of income, pain and suffering (€25,000-€65,000 for CRPS).
- Opponent pays for expert.
- Advance payment (art. 6:119 DCC).
- Mitigate damage (art. 6:178 DCC): follow therapy.
- Cooperate with investigation.
- Update records with Municipality of Delft or GP.
Frequently Asked Questions about CRPS in Delft
Is 100% certainty required?
No, 'balance of probabilities' (51% chance) suffices at the The Hague District Court.
What about delayed CRPS?
Possible up to 6 months post-trauma, with medical evidence.
Does psychological cause rebut it?
Case law distinguishes consequence from cause. Call Juridisch Loket Delft.
Who pays for the expert?
Often the claimant, but success leads to reimbursement.
Tips for Victims in Delft
1. Document immediately: Diary and GP visit.
2. Seek help: Free start at Juridisch Loket Delft, then personal injury lawyer (no win no fee).
3. Read more: Articles on CRPS, Personal Injury and Expert Report.
4. Beware: No hasty settlement without evidence.
5. Support: CRPS association and local rehab centers in Delft.
Conclusion: With strong evidence and local advice at the The Hague District Court, maximize your rights as a Delft victim.