Holding someone liable for personal injury

Have you been the victim of an accident or incident where someone else is responsible for your injury? If so, in many cases you are entitled to compensation. The first step is to hold liable the person responsible (or their insurer). Below we explain how to approach this carefully, which time limits apply, and which damages you can claim – with references to our in-depth articles.

What does it mean to hold someone liable?

With a notice of liability, you officially inform the other party that they are responsible for your losses. This is done via a written letter of claim to the other party or their insurer. In that letter, you briefly describe the circumstances, why the other party is liable, and that you want your losses (current and future) to be compensated. Our lawyers ensure that the letter is legally complete and that no time limits are missed. See also our 10-step plan for personal injury.

Limitation period: how long do you have?

• 5 years – in most cases from the moment you know that you have suffered damage and who is liable for it;
• 3 years – for direct claims against the insurer (e.g. WAM-claim in traffic accidents).

Do not wait until everything is clear. Submit in time (if necessary pro forma) notice of liability to prevent time-barring. Handy checklist: What is my personal injury compensation amount?.

Step-by-step plan: how to hold someone liable

1) Gather evidence

Photos of the incident, witness details, police report, medical information, and receipts/cost overviews. For workplace accidents: reporting obligation and RI&E apply. Read more: Reporting a workplace accident: what are the rules?.

2) Send a liability letter

We draft the letter and send it by registered mail to the counterparty/insurer. This formally records that you are claiming the full damages. In traffic cases you can often address the WAM insurer directly; see Personal injury after a traffic accident.

3) Investigation & acknowledgment

The insurer assesses liability. Sometimes additional fact-finding or a medical process follows. If liability is acknowledged, we start the settlement of damages and arrange advances.

4) Itemizing damages

We itemize all damage items in detail. In-depth:

• Loss of earning capacity (loss of income);
• Calculate pain and suffering compensation and pain and suffering compensation after a traffic accident;
• Work accident: your rights and hold employer liable;
• Types of accidents and personal injury (overview).

5) Completion and payment

After negotiations, we finalize the settlement. The insurer pays your damages and – if liability is acknowledged – also the costs of legal assistance.

Specific situations

Traffic accident (car, bicycle, scooter)

Thanks to the WAM and protective rules for vulnerable road users, you can often receive (partial) compensation. Want to know more about whiplash symptoms and making a claim? See Whiplash after a collision.

Workplace accident

Employers have a far-reaching duty of care. In practice, the employer is often liable, unless he demonstrates that he did everything to prevent the accident. Read more: Workplace accident: what now? and Falling from height.

Common mistakes (and how to prevent them)

• Holding liable too late: avoid limitation (see also our step-by-step plan);
• Incomplete or incorrect liability letter;
• No or inadequate evidence of the circumstances and damage;
• Negotiating with the insurer yourself without legal backing.

Real-world example

An employee was injured after a fall from height. The employer denied liability. We gathered facts, witness statements, and medical substantiation. Result: acknowledgment of liability, full compensation for loss of earning capacity and pain and suffering.

Conclusion

“Holding someone liable” seems simple, but requires legal precision and tight deadline management. With Arslan Advocaten you avoid costly mistakes and claim all types of damage – including future damage and compensation for pain and suffering.