Predisposition in Personal Injury Law in The Hague

## Predisposition and the Thin Skull Rule in The Hague In Dutch personal injury law, the concept of predisposition — known as *predispositie* — plays a critical role in determining how damages are assessed when a victim has a pre-existing vulnerability. If you have been injured in The Hague and you had a prior medical condition, you may wonder whether the at-fault party can use that against you. The short answer under Dutch law: generally, they cannot. ### What Is Predisposition? Predisposition refers to a pre-existing physical or psychological condition that makes a victim more susceptible to injury or that causes them to suffer more severe consequences from an accident than an average person would. Common examples include degenerative spinal conditions, prior psychological trauma, diabetes affecting wound healing, or a history of chronic pain. ### The Thin Skull Rule in Dutch Law Dutch case law has firmly established the so-called "thin skull rule" (*eggshell skull doctrine*). This principle holds that the tortfeasor must take the victim as they find them. If a traffic accident on the Utrechtsebaan or an incident near The Hague Central Station causes injuries that are more severe because of the victim's pre-existing condition, the liable party is generally responsible for the full extent of the harm — not just the harm that a perfectly healthy person would have sustained. The Supreme Court of the Netherlands (*Hoge Raad*) has repeatedly upheld this principle, most notably in landmark rulings that confirm that a victim's vulnerability does not diminish the tortfeasor's obligation to compensate. ### Medical Assessment at HMC Hospital When predisposition is at issue in a personal injury case in The Hague, the medical evidence is paramount. Victims in the region are often treated at HMC Westeinde or HMC Bronovo, where medical specialists document both the acute injuries and any underlying conditions. An independent medical examination (*medische expertise*) may be requested to distinguish between symptoms attributable to the accident and those related to the pre-existing condition. It is important to understand that even when a medical expert identifies a pre-existing condition, this does not automatically entitle the insurer to reduce your compensation. The question is not whether you had a vulnerability, but whether the accident triggered or worsened your symptoms. ### How The Hague District Court Handles Predisposition Cases Cases involving predisposition that go to litigation in The Hague are heard at the Rechtbank Den Haag, located on Prins Clauslaan. Judges in this district are well-versed in complex personal injury matters and regularly deal with arguments about pre-existing conditions. In practice, The Hague District Court applies a structured analysis: 1. **Causation**: Did the accident cause or contribute to the current complaints? If the victim was asymptomatic before the accident despite the pre-existing condition, the full damage is typically attributed to the accident. 2. **Proportional liability**: In rare cases, where a pre-existing condition would have led to complaints regardless of the accident, the court may apply a proportional approach — but the burden of proof rests heavily on the defendant. 3. **Loss of earning capacity**: When predisposition affects someone's ability to work, the court examines what the victim's career trajectory would have been without the accident, taking the pre-existing condition into account only if it would demonstrably have caused work limitations independently. ### Practical Implications for Victims in The Hague If you are pursuing a personal injury claim in The Hague and the insurer raises the issue of predisposition, be aware of the following: - **Do not accept a reduction without legal advice.** Insurers frequently attempt to attribute a percentage of the damage to the pre-existing condition. This is often unjustified under Dutch law. - **Gather thorough medical documentation.** Request your complete medical file from your GP and any specialists at HMC or other facilities. A clear medical history showing you were functioning normally before the accident strengthens your position. - **Seek an independent medical opinion.** If the insurer's medical advisor disputes the causal link, you are entitled to request an independent examination, ideally by a specialist approved by both parties. - **Consult a personal injury lawyer.** Predisposition cases are legally complex. An experienced advocate in The Hague can help you navigate the medical and legal arguments to ensure you receive fair compensation. ### Conclusion The principle of predisposition under Dutch law protects victims who are more vulnerable than average. In The Hague, whether your injury occurred in a traffic accident on the A12, a workplace incident in the Binckhorst industrial area, or a fall in a public space, the liable party cannot simply point to your pre-existing condition to avoid paying full damages. Dutch law requires that the tortfeasor takes the victim as they are — thin skull and all. ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** specializes in personal injury claims involving predisposition and complex legal cases across the Netherlands. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation - Specialists in predisposition personal injury claims