Intake

After our first contact you will be invited to come over to our office for an intake interview with one of our lawyers. You lawyer will discuss the case with you and assess your possibilities before proceeding to handle it. We work in four phases:

 

I
LIABILITY

First we verify if the other party admits liability. If this is not the case, he/she will be made liable in writing. Please note: a notice of liability must be given within five years. When this term expires your claim for liability may be barred. So be sure to watch your terms.

If the other party disclaims liability this is usually followed by bringing legal proceedings.


II
MEDICAL PHASE

This is the phase in which all medical records are collected that are relevant to your case. These records are used for motivating the amount of your claim for compensation.

Your medical records are then sent to the other party, who will in turn submit them for assessment by his/her medical consultant. This is followed by an advice.

 

III
ASSESSMENT OF THE DAMAGE

The next phase concerns the determination of the damage. What is the damage suffered, what are the costs that qualify for compensation and will there be any future damage on top? A few examples are:

  • Compensation of expenses incurred (for healthcare, travel, converting your home environment / workplace);
  • Compensation for loss of earning potential and/or career damage (study delay);
  • Compensation for loss of independency (incapacity of doing domestic duties, personal and/or child care etc.);
  • Compensation for immaterial damage, also named ‘noneconomic damages’.

While the damage amount is being determined, your lawyer will ask the liable party to pay an advance to see that you will not get into financial difficulty.

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IV
SETTLEMENT

The duration of a personal injury case depends on factors like the duration of the treatment and/or reaching final recovery. The case cannot be settled until a definitive medical situation has been established and/or parties agree on a situation of final settlement.

Costs incurred for legal assistance (read: lawyer’s fees) are charged to the other party.


Legal assistance

Our office also provides assistance on the basis of government-funded legal aid. If your income and assets are below a certain level, we submit a petition to the Legal Aid Council (Raad voor Rechtsbijstand), after which the government will generally pay your lawyer’s fees. You are however expected to pay a (one-off) contribution yourself. The amount of this contribution depends on your income. If the petition is allowed, the Legal Aid Council will grant legal assistance (“toevoeging”).


You can find more information and the latest income-and-assets standards at

www.rvr.org
under heading:
“Informatie voor rechtzoekenden (Information for litigants)”