En de veroorzaker dan? Een empirisch-juridisch onderzoek naar de plaats van de veroorzaker in de civiele letselschadepraktijk

'But what about the tortfeasor? An empirical-legal study on the place of tortfeasors in personal injury cases

Recent studies in the field of liability law emphasize the importance of the non-financial needs of victims of personal injury, such as acknowledgement and apologies. It stands to reason that these can best be met by the person who caused the injury. Yet, in current practice, his insurer handles the claim and, generally, the tortfeasor is not personally involved in the process. In fact, little is known about how tortfeasors deal with the injurious event and its legal aftermath or about their (experiences of) interactions vis-à-vis their victims. This thesis fills this gap through both qualitative research (interviewing tortfeasors and legal practitioners in medical and traffic liability cases) and doctrinal (normative) research.

Discussing psychological insights on apologies, as well as legal theories on justice from the tortfeasor's perspective, adds to our understanding of relational restoration for both personal injury victims and tortfeasors. Adding to this debate the psychological and philosophical insights on the phenomenon of 'moral luck' deepens our understanding of the complex dynamics that can occur between victims and tortfeasors. These insights on moral luck may also provide fruitful guidance for determining the fitting place of tortfeasors within the legal practice of personal injury law.