Causes of personal injury
Causes of personal injury
Personal injury occurs when you suffer physical or mental harm due to someone else's fault. This can happen anywhere: on the road, in your own home, at work, or during medical treatment. Our personal injury lawyers have listed the main causes, so you know in which situations compensation is possible.
Traffic accidents: often serious and complex
The vast majority of personal injury cases result from a traffic accident. Think of a unilateral traffic accident caused by a poor road surface,a single-vehicle accident caused by poor road conditions, a rear-end collision, a hit-and-run with a cyclist, or a pedestrian being struck. Victims often suffer injuries such as whiplash, fractures, concussion, or even amputation, but psychological damage is also possible. Compensation consists of both tangible costs (such as medical cost and lost income) and intangible damages (pain and suffering). If another party is responsible for the accident, their insurer must pay the compensation.
Medical malpractice: damage from negligent treatment
A medical error can have serious consequences. Think of a misdiagnosis, a failed operation, or insufficient information about treatment risks. Faulty medical devices also fall under this category. To receive compensation, you must prove that the treatment fell below the professional standard and that you suffered damage as a result. The damage can be both physical and psychological, and consists of treatment costs, lost income, and pain and suffering. Liability often rests with the hospital or the treating physician.
Workplace accidents: employer almost always liable
Injury in the workplace occurs, for example, due to unsafe machinery, a slippery floor, or insufficient instruction. In most cases, the employer is liable, even if the accident was partly caused by your own conduct. The injury can range from visible wounds to concentration problems, whiplash, or nerve damage. The employer must demonstrate that they met all safety obligations to avoid an accident to escape liability. Usually, the employer's insurer pays the compensation.
Occupational diseases: illness from workplace stress or toxic substances
Not all personal injury results of accident or medical error. Prolonged exposure to harmful substances or stressful conditions can also cause illness. Well-known examples include diseases from asbestos exposure, solvent-related illnesses, and psychological complaints such as burnout or PTSD. Especially among police, Defense and other first responders, PTSD is recognized as an occupational disease. The burden of proof is more complex than with a workplace accident: you must demonstrate that work is the primary cause of your complaints and that your employer breached their duty of care.
Injury from a crime: compensation through criminal proceedings
In violent crimes such as assault, robbery, or rape, injury results from intentional action. The damage can be both physical and psychological, with consequences such as anxiety disorders, depression, or PTSD. As a victim, you can join the criminal case against the perpetrator and claim compensation through the court. Both tangible damage (such as medical costs or lost income) and intangible damages qualify for compensation.
Defective products: injury from a design or manufacturing defect
If a device, food product, or medical device causes injury because it's unsafe, you can hold the manufacturer or importer liable. Examples include an exploding battery, a defective prosthesis, or a cosmetic product that causes burns. You'll need to prove that the product was defective and caused the injury. Keep the product and document your injury carefully.
Sports and recreational accidents: liability for excessive behavior
When participating in sports or games, you accept a certain risk of injury. Liability arises only if there is conduct that clearly falls outside normal rules of play, such as a hard foul or intentional kick. Spectators can also suffer injury, for example, from poorly shielded sports fields. Personal injury can consist of medical costs, lost income, household help, or pain and suffering – especially if you can no longer participate in your sport due to the injury.
Injury from animals: strict liability for the owner
Animals can behave unexpectedly: a dog that bites, a horse that kicks, or a cat that causes a traffic accident. Under Dutch law (article 6:179 of the Civil Code), the owner is in principle liable for damage caused by their animal, even if they bear no direct fault. However, the injury must be caused by the animal's own actions – not, for example, by tripping over a sitting dog. Always record the owner's details and have your injuries documented medically.