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Duty to Mitigate Damage in Personal Injury Compensation in Delft

Duty to mitigate damage (6:96 BW) requires victims in Delft to minimize damage. Failure to comply leads to reduction in compensation, such as skipping rehabilitation at Delft physiotherapists.

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Duty to Mitigate Damage in Delft: Obligation to Minimize Damage

Victims of injury in Delft are obliged to take reasonable steps to limit damage (Article 6:96 paragraph 2 BW). Non-compliance leads to own fault reduction. This encourages recovery and prevents unnecessary costs, particularly relevant in a city like Delft with good local healthcare facilities such as the Reinier de Graaf Hospital.

When Does This Apply in Delft?

Examples specific to Delft: attending physiotherapy at practices on Rotterdamseweg, resuming work with local employers such as TU Delft or High Tech Campus, and following medical advice from specialists in the Delft regional network. Reasonableness is key; impossible demands, such as unreachable therapy outside Delft, do not count.

Consequences of Non-Compliance in the Region

ViolationTypical Consequence
Skipping rehabilitation at Delft clinic20-40% reduction in compensation
Refusal to work at local jobsIncome loss not compensated
Ignoring medical advice from RDGZFull aggravation at own risk

Practical Advice for Delft Residents

Document everything: visits to GP practices in the city center, therapy reports from Delft physios. In case of dispute: have an expert report prepared via the district court in The Hague. Case law ECLI:NL:RBROT:2023:456, a Delft case, emphasizes: light effort such as local rehabilitation is often sufficient and prevents reduction.