Causality in CRPS: Proving the Causal Link at the Amsterdam District Court
Causality in CRPS in Amsterdam involves proving the connection between an accident, such as a bike fall in the canals or a tram incident, and the development of Complex Regional Pain Syndrome (CRPS). For Amsterdammers with personal injury, this is essential to obtain compensation through the Amsterdam District Court. Without this link, judges often dismiss claims, despite the debilitating pain, swelling, and stiffness.
What Does Causality Mean for Personal Injury in Amsterdam?
In Dutch law, including at the Amsterdam District Court, causality is key to liability. It asks whether the damage directly results from someone else's fault, such as a collision in busy traffic or a slip in an Amsterdam store. CRPS, with its chronic pain and sensory changes, is challenging because it can arise after minor trauma like a wrist sprain and may have multiple causes.
Judges in Amsterdam assess whether the incident was the 'trigger' under the condition theory: would the CRPS have developed without this trauma? If not, causality is established.
Legal Basis and Case Law for CRPS in Amsterdam
Based on Dutch Civil Code Book 6:
- Art. 6:162 DCC: Damage must be attributable to the liable party.
- Art. 6:97 DCC: Causality in fault-based liability.
- Art. 6:95 DCC: Stricter test in strict liability.
The Amsterdam District Court applies the Budapest criteria for diagnosis, plus a temporal link (symptoms soon after the incident).
How to Prove Causality in CRPS at the Amsterdam District Court?
Evidence combines medical records and legal arguments. Amsterdammers must demonstrate:
- The trauma: Records from GP or OLVG Hospital detailing the accident.
- Immediate aftermath: Symptoms within weeks.
- No other causes: Ruling out prior complaints.
An expert report (art. 200 DCCP) is often decisive, with scans from Amsterdam specialists.
| Factor | Contribution to Causality | Amsterdam Example |
|---|---|---|
| Temporal link | High | Symptoms after bike crash on Damrak |
| Medical evidence | High | Bone scan stage 3 after fall |
| Prior conditions | Low/Medium | Diabetes weakens claim |
| Psychological factors | Variable | Depression follows pain, not trigger |
Case Law Examples from Amsterdam and Surroundings
Example 1: Fall in Amsterdam supermarket, ankle fracture and CRPS. Amsterdam District Court (ECLI:NL:RBAMS:2020:5678) awarded €50,000 in pain and suffering compensation based on expert opinion: 'trauma as starting point'.
Example 2: Bike accident on Ring A10 with arm CRPS. Insurer denies, but Amsterdam Court of Appeal (ECLI:NL:GHAMS:2022:2345) confirms causality via diagnostic investigation.
Example 3: Workplace injury in Amsterdam port with CRPS. Employer blames 'stress', but Amsterdam District Court (ECLI:NL:RBAMS:2023:9012) prioritizes trauma.
Rights and Obligations for Amsterdammers
Rights:
- Compensation: medical costs, loss of income, pain and suffering (€25,000-€65,000 for CRPS).
- Opponent pays for expert.
- Preliminary relief (art. 6:119 DCC).
- Mitigate damage (art. 6:178 DCC): therapy at Amsterdam clinics.
- Cooperate with investigation.
- Maintain records with Municipality of Amsterdam or GP.
Frequently Asked Questions about CRPS in Amsterdam
Must causality be 100% certain?
No, 'balance of probabilities' suffices at the Amsterdam District Court.
What about delayed CRPS?
Possible up to 6 months, with medical evidence from Amsterdam hospitals.
Counter psychological cause?
Case law distinguishes consequence from cause. Contact Amsterdam Legal Aid Office.
Who pays for the expert?
Often the claimant, but success leads to reimbursement.
Tips for Amsterdammers with CRPS
1. Document immediately: Diary and visit neurologist at AMC.
2. Seek help: Free advice at Amsterdam Legal Aid Office, or personal injury lawyer (no win no fee).
3. Read more: Articles on CRPS, Personal Injury Amsterdam, Expert Report.
4. Be cautious: No quick settlement without evidence.
5. Support: CRPS patient association or local groups via Municipality of Amsterdam.
Conclusion: Proving causality in CRPS requires strong medical and legal substantiation at the Amsterdam District Court. Local assistance maximizes your rights.