Causal Apportionment of Personal Injury Damage in Tilburg: How is Damage Apportioned?
Causal apportionment in personal injury cases in Tilburg 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 region.
What Does Causal Apportionment Mean?
In causal apportionment, the total damage is split across the various causes. The liable party pays only the portion directly resulting from the unlawful act, based on Dutch legislation.
Legal Basis
The provision is based on Article 6:98 DCC (damage imputation) and Article 6:101 DCC (contributory negligence). Judges in Tilburg assess:
- Conditio sine qua non: would the damage have occurred without the incident?
- Imputation according to reasonableness and fairness: is it fair to attribute this to the perpetrator?
Examples of Causal Apportionment in Tilburg
| Situation | Example | Apportionment |
|---|---|---|
| Pre-existing conditions | Existing back pain before crash | Only aggravation compensated |
| Multiple incidents | Two traffic accidents | Each incident assessed separately |
| Victim's predisposition | Increased sensitivity | Usually fully covered |
| Victim's conduct | Failed to follow therapy | Duty to mitigate damage |
The Thin Skull Rule in Practice
Important exception: the thin skull principle (egg-shell skull). The perpetrator accepts the victim as they are, including physical or mental vulnerabilities. This also applies in Tilburg cases.
Step-by-Step Calculation
- Inventory total damage - Map all costs
- Analyze causal elements - Identify contributing factors
- Establish percentage apportionment - Calculate share per cause
- Involve medical examination - Essential for evidence
Frequently Asked Questions about Personal Injury in Tilburg
Did I already have complaints before the accident in Tilburg?
Pre-existing issues are examined for aggravation by the incident. Only that portion is compensable, except in thin skull cases. A local medical expert determines the causal share.
How is the apportionment determined?
Via medical expert report: comparison pre- and post-accident. Tilburg judges often follow this, but decide themselves.
Difference with contributory negligence?
Causal apportionment focuses on cause of damage; contributory negligence on victim's contribution to incident or extent. Both may apply.
Objection to apportionment?
Yes, via counter-expertise or legal argumentation. Consult a Tilburg personal injury lawyer promptly.
Conclusion
In Tilburg, causal apportionment in injury cases is a complex field. Keep all medical documents and hire a specialist for optimal compensation.
Court: District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg
Legal Aid Office: Juridisch Loket Tilburg, Spoorlaan 364