Personal injury in the Netherlands

The idea that personal injury claims are often dealt with through legal proceedings is an illusion.

The reality is that in the Netherlands the vast majority – probably more than 90% – of personal injury cases are actually settled out of court.

An amicable settlement offers several advantages: it is faster, easier, cheaper and less risky for both parties than going through legal proceedings. In this article, we discuss the (legal) process to determine a claim and an amicable settlement for a personal injury.

The personal injury process in 3 steps

1. Who is liable?

The first step to take is that of establishing liability for the injury.

In the case of occupational accidents and traffic accidents, it is often relatively easy to establish if there is a violation of the duty of care or of a traffic rule. In contrast, professional errors of doctors are more difficult to establish, and then it must be demonstrated that the individual has not acted as befits a good physician.

No matter what the cause, the person who suffers the damage must prove the damage.

2. What is the damage?

Once liability has been established, then an inventory of the damage related to the accident can be assembled.

Determining the damage is an extremely complicated process. The help and intervention of various specialists is necessary for this step: a medical advisor who can show the physical limitations, an actuary who can determine the loss of earning power and, when determining the immaterial damage (compensation for pain and suffering), case law should be consulted from similar cases.

The lawyer is the one who coordinates all these findings and makes a claim in consultation with their client.

3. What happens next?

After the inventory of damage has been made, negotiations with the other party (such as the insurer of the liable party) will follow. This may mean dealing with a personal injury specialist who represents the insurance company and their interests. In these circumstances, it is of vital importance that the injured party has a lawyer who will represent them and protect their interests.

In most cases, the parties will reach an amicable settlement through negotiations. This arrangement is determined by both parties in a determination agreement with a corresponding tax guarantee. Your lawyer will always present the settlement offer to you for your approval. Once agreed, the settlement offer can be accepted.

 

“Don’t let your fears keep you from holding the culprit accountable for their actions. Contact a personal injury attorney and discuss your case with them. “

 

Looking for a personal injury lawyer in The Hague?

Want to ask our experts a question? Fill in the form or call us on 070-3615048

"*" indicates required fields

newsletter?

I highly recommend them

"The truth is the best choice I could have had when choosing GMV lawyers, they have advised me and helped me in everything I needed (personal injury). I highly recommend them, they work fast and help very well. I especially wanted to thank attorney (Glenn Kerver) for his professionalism and kindness."

Google review

Personal injury law

5

Skillful and successful

"GMW lawyers has lodged an appeal on our behalf in a skillful and successful manner. The preliminary process was clear and factual, very pleasant. GMW is a must!"

Google review

5

Professional

"Glenn kerver from GMW helped me to get reimbursement for traffic accident . He is professional . I highly recommend him . Swift respond"

Google review

Personal injury law

5

A pleasure to work with

“I’ve had the pleasure to work with Peter van Eijk and Glenn Kerver. My initial consultation was with Peter, he listened to me carefully and gave great advice so we could move forward with the case, which was taken over by Glenn Kerver, who handled the case in superb manner, informing me on every step. It was a liability case and we won! It was a pleasure to work with GMW lawyers.”

Online review

Liability law

5

You might also like

15 August 2022

Long COVID among healthcare professionals: it’s two years later, where do we go from here?

We now know much more about long COVID than we did two years ago. Unfortunately, long COVID among healthcare professionals is a common occurrence.

Read more

Read more about

16 December 2021

Whiplash and personal injury law

Whiplash is a well-known type of personal injury.

Read more

Read more about

23 July 2018

Liability in a whiplash – the 7 most frequently asked questions

Whiplash is one of the most common types of injury in traffic accidents.

Read more

Read more about

15 November 2008

Children’s liability under Dutch law

This article raises an issue that is hair-raising in itself to any parent blessed with some sense of reality – the liability of parents for their children’s acts.

Read more

Read more about