PhD defence F.M. (Femke) Ruitenbeek-Bart

Summary:

What is it like to have caused injury to someone? Or be held responsible for it? How do causers of injuries (‘tortfeasors’) relate to their victims? To what extent are they involved in the settlement of  personal injury claims? How does the injurious event affect them personally? And what can legal professionals learn from the experiences of the tortfeasor?
This thesis aims to answer these questions, mainly by conducting an interview study among tortfeasors in the medical liability and traffic liability practice, and among legal professionals who settle these types of claims on their behalf. The study builds on the continuous focus in academia and in practice on the needs of personal injury victims, such as the need for apology. It chooses a perspective that thus far remained underexposed: the personal perspective of the person accused of causing the injury.
An injurious event is very burdensome, especially for the victim. It is important for victims that the person who caused the injury accounts for his actions and realizes the consequences they have for the victim. The interview study shows that there are opportunities for tortfeasors to contribute to these needs of victims, as they often are willing to somehow make amends. The research furthermore shows that tortfeasors experience immaterial needs of their own. Many are affected by the injurious event and are, in a sense, also victims of the situation. It is therefore important to also have an eye for the personal interests of the person who caused the injury.