Benadeelde
Injured party
An injured party is the person or party who has suffered damage as a result of a tort, breach of contract or other ground for liability and is therefore entitled to claim compensation.
In Dutch law, the injured party is the person who suffers material or non-material damage as a result of an act or omission by another. This concept occupies a central position in the law of liability and the law of obligations, as it determines who is entitled to bring a claim for damages.
The injured party must generally establish the existence of damage, causation and an attributable breach or tortious act. Absent these elements, no successful claim can be brought against the liable party.
In practice, the term is frequently invoked in connection with road traffic accidents, medical liability and contractual disputes, where lawyers represent the interests of the injured party in order to secure appropriate compensation.
“The injured party filed a claim with the insurer of the party responsible for the accident to obtain reimbursement of his medical expenses.”
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