Personal injury lawyer in The Netherlands
In most personal injury cases our help is free for the victim! Contact us now to discuss your case
Suffering an injury is of course always extremely unpleasant, whether it is physical or mental. It is therefore nice if at least the costs can be met when another party can be held liable. To achieve that, we are your personal injury lawyer in The Netherlands. The chances of success are high, thanks to our knowledge and experience. Read when you are entitled to compensation, and how to file a personal injury claim.
What is a personal injury lawyer?
A personal injury lawyer is someone who provides legal assistance to people who have suffered physical or mental injury in an accident. They seek compensation for accident victims. In many cases, this involves making a claim with the other party’s insurer. If we do not come to a conclusion in this way, we initiate legal proceedings. We do this for you, as the personal injury lawyer in The Netherlands.
What does a personal injury lawyer in The Netherlands cost?
In the Netherlands, lawyers are legally not allowed to take cases on a ‘no cure, no pay’ basis. This would mean that you only pay if money is paid out. The reason is that lawyers would then not be impartial enough. However, there is an exception to this rule, which is valid at least until January 2024. In personal injury cases, lawyers are allowed to make a result-based remuneration agreement. The hourly rate will then depend on the result, to reduce the risk for you. Contact us for the possibilities.
If liability is accepted, the liable party will fully reimburse your personal injury lawyer’s costs. So there are no costs for you!
Personal injury advice
A personal injury lawyer helps individuals who have suffered injuries in accidents to obtain financial compensation. These funds are often needed to pay for medical treatment and provide compensation for pain and expenses resulting from an accident. These include the following items:
Domestic help: Compensation of at least €10 per hour is paid for the hours the victim can no longer work in the household as a result of the accident.
Loss of earning capacity: Compensation is paid for decreased earnings resulting from the accident until retirement age.
Compensation: Compensation is paid for non-material damage. This depends on the nature of the liability (the degree of fault of the liable party), the duration and severity of the injuries and the loss of enjoyment of life. A judge will look at comparable cases.
Personal injury lawyers specialise in recovering damages resulting from an accident. In most cases, however, it is mainly or a settlement with insurance companies involved.
A personal injury lawyer performs many important functions. These common functions include:
Explains your rights.
A personal injury lawyer can explain how an accident and various legal issues affect a person’s rights.
Gives advice.
First, the personal injury lawyer looks at whether you are entitled to compensation. A personal injury lawyer can guide a client through the system. They help you understand complicated legal procedures, interpret medical and insurance jargon, and get through the maze of paperwork required in personal injury cases.
One common piece of advice is not to make a statement to the other driver’s insurance company until everything is properly documented. A personal injury lawyer may also recommend seeking medical treatment to document the connection between the accident and injury.
A personal injury lawyer will also give you objective advice about your case so that you can make the best possible decision that is not clouded by fear, anger, frustration, stress and other emotions that many personal injury victims understandably experience.
Communication with insurance companies.
The personal injury lawyer will do this for you, taking a lot of work out of your hands. Sometimes an unpleasant period follows an accident, in which case it is nice when you can leave the handling to a professional.
Calculating and claiming compensation.
You think you are entitled to compensation, but what amount should you think of? Preferably do not accept the first offer immediately.
Call in other experts. Input from other experts is sometimes needed to build a case. The personal injury lawyer will organise contact and document these statements.
Representation in court.
Most personal injury cases do not end up in court; the vast majority settle with insurance companies, and sometimes companies or individuals. If this fails, going to court may be necessary.
Your case will be heard by a district judge if you claim compensation of up to €25,000. A lawyer is not obligatory for such a case, but it is recommended. Your case will go to a civil court if you claim damages above an amount of €25,000. A lawyer is then mandatory anyway.
A court case is complex and requires scrupulous adherence to proper procedures and rules of evidence.
What is personal injury?
Personal injury is damage to you as a person. It can be physical or psychological. Consider, for example, injuries caused by an industrial accident, traffic accident or medical error. If someone is responsible for the damage, even if it was not directly intentional, you can hold them liable. They must then compensate you for the damages suffered, if you are found to be in the right.
Common types of personal injury claims include those for:
Traffic accidents (covered by car insurance)
Accidents at work (covered by employer’s liability insurance)
Accidents on public or business premises (covered by liability insurance)
Personal injury caused by a dog bite
Find out immediately if you are eligible for compensation
Personal injury due to traffic accident
A traffic accident is very unpleasant for all parties involved. As a rule, it is not intentional, but negligence may be involved. For example, did the other party not obey the applicable traffic rules, maximum speed or had he or she consumed alcohol or drugs? Then you can hold the person liable. Immediately map out the situation of the accident. You probably will not know (for sure) whether negligence was involved, so do this anyway in case of an accident. In serious accidents involving the police, they will do this. If possible, take photos of the situation. Find witnesses or bystanders, and ask for their contact details. This will allow them to make a statement. Fill in the claim form as completely as possible, and make sure the other party signs it. Try to stay as calm as possible; this will help yourself the most at that moment. There are a number of types of road accidents that are common.
Car accidents
Cars make up the vast majority of traffic on the roads. Not surprisingly, car collisions are the most common type of road accidents. If you were in a car and were injured in an accident, you may be able to make a claim, regardless of whether you were the driver or a passenger. Common accidents may involve a collision with another vehicle, for example, cutting you at a roundabout, changing lanes against your car, or reversing into your car in a car park.
If you were the driver of the car, you will have to prove that another party was at fault for the accident. If you were a passenger of the car, it is almost impossible that you are responsible for the accident.
Motorbike accident
There are many ways in which a motorbike accident can happen. Perhaps the most common are those involving other road users: a collision. The speed and agility of motorbikes – the aspects that attract so many enthusiasts – are also the reasons why motorcyclists are difficult for other motorists to spot. However, this is no excuse. A motorbike as a vehicle does not offer protection, where a car can absorb some of a possible blow. The lesser protection you have means you are at greater risk of suffering much more serious injuries, such as brain or head injuries. Although a motorcyclist is more vulnerable, he or she does fall under the normal rules of evidence: he who claims, proves. You must therefore have evidence to hold another person liable. Your personal injury lawyer in The Netherlands can guide you in this and assess whether you stand a chance before you actually hold someone liable.
Personal injury due to a bicycle accident
On a bicycle, you are obviously hugely vulnerable compared to motorised traffic. In the event of damage caused by another cyclist or pedestrian, you can make a claim for compensation, provided you can provide evidence. In a motor vehicle accident, you can be compensated for all damages if the fault was with the other driver. Did you make the mistake yourself? Then you can still be paid at least 50% of the damage suffered. For children under 14, it is 100%, even if they made the mistake themselves. This is because a cyclist is more vulnerable; a car driver or motorcyclist has to take this into account. Compensation can include medical expenses and the damage to the bike, as well as missed income and damages. It depends on the situation.
Personal injury from a accident at work
Most of us depend on our income. Therefore, it can cause even more stress you and your family when you are temporarily unable to work due to injury. As a result of your accident, you may be home for a while or may have even had to quit your job. You can file a work accident claim if you were injured because health and safety procedures were not followed. In some cases, you can even make a claim if you caused the accident, for example, if your injuries were aggravated by a faulty piece of equipment. In exceptional cases, even damages due to overwork or burnout can be recovered from the employer, if it can be shown that continuous excess pressure came from the employer.
It is a good idea to:
Take photos of your injuries and the cause of your accident (e.g. a machine or situation)
Make sure you have the contact details of anyone who witnessed your accident
Taking notes about your accident as soon as possible – you can attach drawings if that helps show what happened
Asking witnesses to take notes and share them with you.
An accident at your own employer
If you are an employee and you had an accident at work, you should make sure your employer knows about your accident. The best person to tell is probably your manager – consult your staff handbook or intranet if you are not sure. Whether you can make a personal injury claim against the employer depends on whether or not there was negligence. By law, an employer must provide:
A safe workplace
Tools that are maintained according to the applicable safety measures
Instructions and training, especially where safety is concerned
Supervision of the work
If this did not happen, or did not happen well enough, then a personal injury claim is likely.
Personal injury due to an accident at another company (that is not your employer)
An accident can also happen on another company’s floor. This could be when you are performing work at another company or organisation, or even when you are somewhere as a consumer. In the latter case, however, it does not fall under industrial accident, but negligence.
Are you temporarily working in another industry, on secondment or visiting a customer? If so, you will inform your own manager in any case, whenever there is an opportunity to do so. Possibly, you can inform the manager on the shop floor on the spot, but your own boss can do the same.
If you are self-employed and working on a client’s premises, you should tell the person you usually deal with when you are there. The Supreme Court ruled in 2012 that an employer can be liable for personal injury sustained from an industrial accident of a Self-Employed Without Staff in the same way as the employer would be liable for one of its employees. It must then be the case that the self-employed person is dependent on the client in terms of ensuring the safety of the work and workplace.
As a self-employed person, you are personally responsible you are responsible for an accident that happened while you were working at someone’s home.
The Netherlands seen an increasing number of dogs in recent years. Unfortunately, this has also increased the likelihood of a bite incident.
A dog bite is nasty, and a traumatic experience. If you or a loved one has been bitten by a dog, it is important to seek medical attention immediately. Even a scratch can lead to a bacterial infection and cause health complications. The wound needs to be cleaned properly and you may need antibiotic treatment.
A serious attack by a dog may leave the victim with scars, disfigurement or disfigurement. Sutures, skin grafts or surgery may be required. Unfortunately, physical scars can sometimes be permanent.
Based on Article 6:179 of the Civil Code, the owner of the dog is liable for the damage you suffer as a result of the dog bite in The Netherlands.
If you are bitten by a dog, you should report it to the authorities. If possible:
Gather the details of the dog’s owner (name and address)
Find out the dog’s name and breed
Ask if the owner has pet or home insurance
Enlist the help of the police if necessary.
How exactly does a personal injury case in The Netherlands work?
To claim compensation in a personal injury case in The Netherlands, you as the victim will need to go through a number of steps:
Contact your personal injury lawyer in The Netherlands to relieve you of much of the burden
Hold the right person liable
Immediately keep track of all expenses incurred and lost income
Process all damages suffered in a personal injury claim
Your personal injury lawyer will file the claim with the other party’s insurer
A personal injury lawyer can help you through all the complicated legal steps. You can often recover more money with a personal injury lawyer in The Netherlands because nothing is overlooked. The costs of your personal injury lawyer will be reimbursed by the liable insurer. There are no costs involved for your.
Contact us immediately to settle your personal injury claim in The Netherlands!
Material or immaterial damage
We speak of material and immaterial personal injury. Material damage is damage to belongings. Material damage is often easier to handle yourself. After all, the damage is visible, and easier to document. With intangible personal injury, we not only look at the costs incurred for first aid or an ambulance ride, for example, but also missed income or extra costs due to childcare, and mental aspects of an accident. A specialist will know what you can get compensated for, and take the paperwork out of your hands. This is why hiring a personal injury lawyer is a good idea.
How much compensation can I get?
The amounts you can get for personal injury damages are not fixed. However, there are some general guidelines for immaterial damages:
Minor injuries up to €2,000. For example, minor broken bones, a slight concussion, bruises, abrasions or other minor flesh wounds.
Minor injuries maximum €3,500. For example damage to teeth, a shoulder luxation that has since healed, minor scars, internal injuries, non-complicated fractures to limbs. Considerations include short hospitalisation, dependence on a nurse and several months of lost income,
Moderate injuries up to €9,000. For example amputation of part of a thumb or finger, permanent injury to the neck, whiplash, fornication or incest, torn knee ligaments, loss of part of the teeth, unsightly scars as a direct result of the injury sustained and complicated bone fractures, psychological and emotional damage resulting from a rape
Serious injuries up to €21,000. For example serious crush fracture, unilateral deafness, short time unconscious or in coma, leg shortening, skull base fracture, serious whiplash, serious internal injuries
Serious injury up to €43,000. For example when there is loss of smell or taste, long-term mental instability, substantial character changes, you have been unconscious or in a coma for a longer period of time, skin grafts are necessary, injury with severe scars
Very serious injury maximum €76,000. For example, loss of speech, severe mental disturbance, blindness to both eyes, loss of a limb (leg, foot, arm or hand), a high spinal cord injury, severe burns
Exceptionally severe injuries up to €250,000. In very serious cases, e.g. very severe and severe burns involving visible severe deformities, communication is no longer possible, a full spinal cord injury, home nursing is not possible, but you are dependent on a psychiatric institution or nursing home.
If a personal injury lawyer negotiates compensation for damages, they look at what a judge would award in such a case. Immaterial damages are determined according to fairness or what is just and fair. It is about pain, sorrow and loss of enjoyment of life, about personal injury insofar as it does not affect the property but the welfare of the person affected. All the circumstances of the case can be considered when determining the compensation for pain and suffering. The judge’s freedom is not unlimited because, in cases of injury, he must take into account the nature and severity of the injury and its impact on the person affected. Furthermore, the court may consider the nature of the liability (e.g. fault or intentional) and the seriousness of the fault (e.g. traffic violation or assault) when estimating. Other potentially relevant factors are the intensity of the grief and loss of enjoyment of life, as well as the severity of the breach of the injured party’s sense of justice.
In practice, the highest amount awarded is €350,000 for an injured party in criminal proceedings. However, amounts above €100,000 are highly exceptional.
How does the settlement of a personal injury case proceed?
Your personal injury lawyer from The Netherlands will visit you and gather all the necessary information to estimate the damages. This includes medical information, but also your living situation, your family situation and, for example, your work situation.
If the complaints resulting from the accident are permanent, a medical assessment will be necessary. This will all be done in consultation with the liable party and the costs of the expertise will also be reimbursed by the liable party.
After the independent assessment by a medical expert, additional expert assessments may be necessary. Handling a personal injury case with permanent injuries takes around three to five years. This is the time generally required to agree on a final settlement.
During the course of the case, however, it is possible to request an advance payment for damages up to that point. Your personal injury lawyer will request this for you.
When estimating your damages, we use the guidelines of the Injury Council. More info: letselschaderaad.nl
Want to know more? Get in touch with us.
