Holding Someone Liable for Personal Injury

Have you been a victim of an accident or incident where someone else is responsible for your injury? Then you often have the right to compensation. The first step is to hold the perpetrator (or their insurer) accountable. Below we explain how to approach this carefully, which deadlines apply and which damages you can claim – with references to our in-depth articles.

What does holding someone accountable mean?

With an accountability statement, you officially let the other party know they are responsible for your damage. This is done through a written liability letter to the other party or their insurer. In that letter, you briefly describe the course of events, why the other person is accountable and that you want your damage (current and future) compensated. Our lawyers ensure the letter is legally complete and no deadlines are missed. Check out our 10-step plan for personal injury.

Expiration: how much time 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 on the insurer (e.g. WAM claim for traffic accidents).

Don’t wait until everything is clear. Submit timely (pro forma if necessary) liability claims to avoid expiration. Handy checklist: What is my personal injury amount?.

Step-by-step plan: this is how you hold someone accountable

1) Collect evidence

Photos of the incident, witness information, police report, medical information and receipts/cost overviews. In the case of workplace accidents: reporting obligation and RI&E play a role. Learn more: Reporting a workplace accident: what are the rules?.

2) Sending Liability Letter

We draft the letter and send it by registered mail to the other party/insurer. This formally records your full claim for damages. In traffic cases, you can often directly approach the WAM insurer; see Personal injury after a traffic accident.

3) Investigation & Recognition

The insurer assesses the liability. Sometimes additional factual research or medical process follows. If liability is acknowledged, we start the damage settlement and arrange advances.

4) Inventory Damage

We map all damage items. In-depth:

• Loss of earning capacity (income damage);
• Calculating Pain and Suffering and Pain and Suffering after traffic accident;
• Work accident: your rights and holding employer accountable;
• Types of accidents and personal injury (overview).

5) Conclusion and payment

After negotiations, we document the arrangement. The insurer pays your damage, and – in recognition of liability – also the costs of legal assistance.

Specific situations

Traffic Accident (car, bicycle, scooter)

Thanks to WAM and protective rules for vulnerable road users, you can often get (partial) compensation. Want to know more about whiplash complaints and claiming? See Whiplash after a collision.

Work Accident

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

Common mistakes (and how to prevent them)

• Too late in holding someone accountable: prevent prescription (see also our step-by-step plan);
• Incomplete or incorrect liability letter;
• No or poor evidence of events and damage;
• Negotiating with the insurer yourself without legal assurance.

Example in practice

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

Conclusion

“Holding someone accountable” seems simple, but it requires legal precision and strict deadline management. With Arslan Advocates you avoid costly mistakes and claim all damage items – including future damage and pain and suffering.