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.
Learn the (legal) process to determine a claim and an amicable settlement for a personal injury.
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.
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”.
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 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.
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.
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 directly using the enquiry form below or +31 (0)70 3615048 for more information or to make an appointment. GMW lawyers will be happy to help you.
We can assist you in English, Dutch and Turkish. More English information can also be found at the Legal Expat Desk.
GMW lawyers will be happy to help you with all your personal injury and liability issues. Do you have a question? Feel free to contact us.
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