Causal Apportionment of Personal Injury Damage in The Hague: How is Damage Apportioned?
Causal apportionment in personal injury cases in The Hague determines how your compensation is calculated when multiple factors have contributed to your injury. This legal principle is crucial in complex cases at the District Court of The Hague (Prins Clauslaan 60), such as with pre-existing conditions or successive accidents.
What Does Causal Apportionment Mean in The Hague?
In causal apportionment, the total personal injury damage is split across the various causes. The liable 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 (imputation of damage) and Article 6:101 DCC (contributory negligence). Judges in The Hague weigh:
- Conditio sine qua non: would the damage have occurred without the incident?
- Imputation according to reasonableness: is it fair to attribute this to the perpetrator?
Typical Situations at the District Court of The Hague
| Situation | Example | Apportionment |
|---|---|---|
| Pre-existing conditions | Chronic back pain pre-accident | Only aggravation compensated |
| Multiple incidents | Two traffic accidents | Assessed per incident separately |
| Individual vulnerability | Victim's predisposition | Usually compensated in full |
| Victim's behavior | No therapy followed | Duty to mitigate damage |
The Thin Skull Principle in the Region
Important rule: the perpetrator accepts the victim as they are. Special sensitivity (physical or mental) falls under the risk of the causer, a fixed principle in cases in The Hague.
Calculation of Personal Injury Damage in The Hague
- Inventory total damage - Quantify all heads of damage
- Analyze causal elements - Identify contributing influences
- Percentage allocation - Determine share per factor
- Medical examination - Essential, often ordered via experts by the District Court of The Hague
Frequently Asked Questions about Causal Apportionment
Did I already have complaints before the accident in The Hague?
The District Court of The Hague tests the aggravation by the incident. Only this part qualifies for compensation, except in thin skull cases. An independent medical expert measures the causal share.
How does the judge determine the apportionment?
Via expert report: comparison pre- and post-accident. The judge in The Hague generally applies this, but retains final authority.
Difference with contributory negligence?
Causal apportionment focuses on damage causation (accident contribution?), contributory negligence on victim's contribution to incident or extent. Both relevant in The Hague procedures.
Objection to apportionment possible?
Yes: have a counter-expertise done. Argue alternative imputation in proceedings. Consult Juridisch Loket The Hague (Lutherse Burgwal 10) or a local lawyer.
Conclusion for The Hague
Causal apportionment of personal injury damage requires expertise, especially at the District Court of The Hague. Keep medical records and immediately engage a specialized personal injury lawyer for optimal representation of interests.
### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation