Medische eindtoestand

Medical end state

The medical end state (also: medical end situation) is the point at which an injured person's recovery is complete and their health will no longer materially change. No significant improvement or deterioration is expected. The concept is not explicitly defined in the Civil Code but is crucial for establishing permanent damage under Article 6:107 BW (damage from injury) and Article 6:106 BW (pain and suffering).

Main features

Practical consequences

Until the medical end state is reached, an injury case is usually not definitively settled. The liable party or insurer pays advances on the damage in the meantime. Once the end state is established — often via a jointly appointed medical expert (Article 194 Rv) — all heads of damage can be definitively calculated and a settlement agreement concluded. It is important that victims do not sign a final discharge too early, as the end state may not yet have been reached and future damage would then go uncompensated.