Personal injury law
After a personal injury, you not only have physical or psychological pain. You are also confronted with uncertainty about work, education and domestic help. One of the most important hurdles that needs to be taken quickly is determining liability. After this, the injury damage can be mapped as quickly as possible.
In traffic or workplace incidents, determining liability is often straightforward. Dutch lawmakers have chosen to protect the more vulnerable road users, pedestrians and cyclists, from motor traffic. In employment law employees are given extra protection against accidents on the work floor and even outside it. This means employers have a far-reaching duty of care.
The situation is different again for medical liability, where the burden of proof in cases of negligence is relatively high and it is not easy to secure admission of liability for a professional error.
The other party may admit liability fully or partially, or not at all. If necessary the courts can be asked to issue a judgement on the degree of liability. The personal injury lawyer is the perfect person to assist you in these proceedings.
What exactly is personal injury?
Once the liability has been established, compensation can be determined. Both the material and non-material damage must be compensated by the liable party. All damage resulting from an event that caused damage, or all costs that you would not have had without that event, is called “personal injury”.
Compensation for material injury
This includes loss of income, medical costs that are not covered by your health insurer, the costs of domestic help, loss of independence and informal care.
Compensation for non-material injury
Compensation for non-material injury is awarded for pain and suffering you have experienced or may experience in future. This also includes redress for work incapacity or restricted life circumstances.
Written settlement and tax statement
Your interests should be presented in the best possible terms and stipulated in a written settlement. You should also be aware that only loss of earnings after tax can be included in a settlement. To avoid misunderstanding both parties should sign a tax statement.
Looking for a personal injury lawyer in The Hague?
Often the interests do not run parallel between you and the liable party. It is therefore necessary to have yourself represented by an expert lawyer who can represent your interests. GMW lawyers can help you with this and guide you through the entire process.
Please contact us for more information or to make an appointment.