What does a personal injury process look like?

A driver fails to yield, causing an accident that injures you as a result. Or at work something goes wrong and you fall off a ladder, resulting in a broken leg. The injuries in all these cases are clear. Often other damages are also the result of an accident.

For example, because you are unable to work temporarily or for a longer period of time and therefore incur loss of wages. Or because you incur all kinds of medical costs. You can then call in an attorney, such as a personal injury lawyer in Utrecht (Dutch: letselschade advocaat Utrecht) if the accident happened in this city.

When you suffer damages because of your injury, you naturally want this to be compensated by the liable party. But what does a personal injury claim look like? And what can a personal injury lawyer do for you, such as a personal injury lawyer in The Hague after a collision in that city (Dutch: Letselschade advocaat Den Haag)?

The personal injury process in case of personal injury

Before you can claim personal injury, it must be established who is liable for the damage you have suffered. Because you can only claim compensation if someone else is liable for the damage you suffered, for example after a rear-end collision.

In the event of a traffic incident, the party who committed the traffic error is liable. This is also known as a tort. Think of someone driving behind you, such as in a rear-end collision or chain-reaction collision. Because all motor vehicles in the Netherlands are insured against liability by law, you can then submit your personal injury claim directly to the car insurance company of the liable party.

In the event of an accident at work, the employer is in most cases liable for your personal injury, particularly if it violates the duty of care towards its employees. There is no compulsory insurance for employers, but in practice most employers seem to be properly insured against liability.

Finally, in case of a dog bite, the dog owner is liable. This can be deduced from Article 6:179 of the Dutch Civil Code, which states that the owner of an animal is liable for the damage that the animal causes to objects or people.

Step-by-step plan for claiming personal injury.

If it has been determined who is liable for the damage you have suffered, a liability letter will be drawn up. This states, among other things, the circumstances of the accident, why the other party is liable and on what legal basis and what the damage actually consists of. Furthermore, the notice of liability itself is stated in this letter and the limitation period is interrupted.

Has liability been admitted? Then the personal injury is calculated. This is done by means of a damage statement. This contains all damage items that apply to your situation. You can think of wage damage in case of disability, medical costs, travel costs and costs for help in the household. Finally, there is also a right to compensation for damages. This is compensation for the pain, anxiety, and psychological problems you suffered as a result of the accident.

Ultimately, your personal injury lawyer will negotiate with the insurer about the amount of compensation and the agreements made about the claim settlement will be included in a settlement agreement. By signing this agreement by both parties, the personal injury case comes to an end.