Proceedings won? Note, damages state is not a done deal!

You may find yourself making (or having to make) the choice to cut a lawsuit in two. In one case, you demand that your opposing party be ordered to compensation, to be made out by state. In the proceedings that follow (the damage state proceedings), the extent of damages must be determined. If you win the suit and the case is referred to damages state, there may be a feeling that the spoils are already almost in. You may feel after the damage state referral even already foreclosure lay.

Proving damages and causation in damages state proceedings

Yet it is a bit more complex than that. Admittedly, in the initial proceedings it has already been established that your opposing party is liable. But the damages state proceedings are anything but a done deal. This is because in the damages state proceedings you have to prove both the damage if it causal link evidence. Robert van Ewijk is lawyer specializing in debt collection and procedural law and explains how this is the case. He also explains why things can still go wrong in the damages state proceedings.

Providing evidence in damages state proceedings

The two proceedings address different legal issues. In determining liability and liability for damages, the issue is basically only whether there are grounds for establishing liability. For example, whether there are acted unlawfully, there is a deficiency in the performance of a contract, or that there is a standard violation. The judge will also consider whether there has been a default, if that is necessary for assuming liability. Furthermore, the judge will always consider whether there is at least a chance that the plaintiff in the case has suffered damages. If those conditions are met, the case is referred to damages state. However, this does not say anything about the extent of damages.

Judge finds no injury in damages state proceedings

As a result, the first proceedings may end successfully, but the winner may still be left empty-handed. In the damages assessment procedure, the court not only has to examine whether damage has been suffered at all and how much it is, but also whether the items of damage in question, in causal link stand with the conduct alleged. If this is not the case, you will still be empty-handed in the damages state proceedings. This can also be in the details. For example, if in the initial proceedings the court rules that the other party is liable for conduct A, B and C, but not for conduct D, E and F. If the damages are causally related only to the last three conducts but not to the conduct for which liability has been established, then the claim for damages is dismissed.

Appeal against referral to damages state

Therefore, it might also be wise for the winner to appeal a (prima facie) positive verdict. Namely, if liability has not been established in all areas. This requires looking beyond the dictum of the judgment. This is because the legal paragraphs of the judgment state how the judge arrived at the verdict and on what grounds he considers liability and liability for damages to be present.

Lawyer in damages lawsuit

Other aspects that may come into play in damages state proceedings include:

1. the doctrine of own fault (if the injury was or may have been partly caused by the plaintiff's actions, then an adjustment must be made);
2. benefit imputation (if the imputed action also resulted in benefit, then this must be imputed);
3. contributory negligence (if there is also conduct of others that led or may have led to the injury);
4. imputability;
5. and so on.

Lexys attorneys have years of experience in damages and attachment and foreclosure law and specialize in conducting damage state procedures. Take contact at for more information.