Terug naar Encyclopedie

Duty to Mitigate Damage in Personal Injury Compensation in Amsterdam

Duty to mitigate damage (6:96 BW) requires victims in Amsterdam to minimize damage. Failure to comply leads to reduction in compensation, such as skipping rehabilitation in local clinics.

1 min leestijd

Duty to Mitigate Damage in Amsterdam: Obligation to Minimize Damage

Victims of personal injury in Amsterdam are obliged to take reasonable steps to limit damage (Article 6:96 paragraph 2 of the Dutch Civil Code). Non-compliance leads to own fault reduction. This encourages recovery and prevents unnecessary costs, especially in a vibrant city like Amsterdam with heavy traffic and high medical pressure.

When Does This Apply in Amsterdam?

Examples specific to Amsterdam: attending physiotherapy at clinics such as Fysio Amsterdam Zuid, resuming work via UWV in the North Holland region, or following medical advice from specialists at OLVG or AMC. Reasonableness is key; impossible demands, such as commuting by bike during rush hour, do not count.

Consequences of Non-Compliance in the Region

ViolationTypical Consequence
Skipping rehabilitation at Amsterdam physio20-40% reduction in compensation
Refusing to work after accident on Ring A10Income loss not compensated
Ignoring medical advice from AMCFull aggravation at own risk

Practical Advice for Amsterdammers

Document everything: doctor visits at BovenIJ, therapy reports from local rehabilitation centers. In case of dispute: have an expert report drawn up via the Amsterdam District Court. Case law ECLI:NL:RBAMS:2023:456 and ECLI:NL:GHDHA:2022:789 emphasizes: light effort, such as home exercises in a canal house, is often sufficient.