A personal injury lawyer Netherlands helps victims of accidents, medical errors and other damage incidents in claiming their damages. Whether you were injured in traffic, at work or due to a medical error: you are entitled to full compensation. The personal injury specialists of Arslan Lawyers guide you personally, expertly and free of charge – because we recover the costs from the liable party.

1. What is personal injury?

Personal injury includes all damages you suffer as a result of physical or psychological injury caused by another. This includes traffic and workplace accidents, medical errors or abuse. This damage could be income loss, medical expenses, household help, as well as pain and suffering for non-tangible damage.

Read more in our blogs:

• Help with personal injury
• Workplace accident and employer liability
• Whiplash after traffic accident
• Medical errors and liability
• Loss of a chance in medical errors

2. Who is liable for personal injury?

According to article 6:162 Civil Code, the person who inflicts damage on another by an unlawful act is liable. In personal injury cases, these are often:

• The driver in a traffic accident;
• The employer in a work accident;
• The doctor or hospital in a medical error;
• The owner of an animal in a dog bite or animal attack.

3. Compensation: what can you claim?

A full compensation consists of all damage items that are the direct result of the accident. The most important are:

• Loss of income – loss of working or profit capacity;
• Medical expenses – deductible, aids, therapies;
• Domestic help – paid or unpaid support;
• Travel expenses – visits to doctors, specialists or lawyers;
• Pain and suffering – compensation for pain, sorrow and lost life enjoyment.

Also read: Pain and suffering calculation: factors and examples

4. Workplace accidents and employer liability

Employers are obliged to provide a safe working environment under article 7:658 Civil Code. If something goes wrong, the employer is usually liable for the employee’s damage. Think of accidents with machines, falls or unsafe working instructions.

Read more in our blog: Liability in workplace accidents.

SVI insurance and subrogation

The SVI insurance (Damage Insurance for Passengers) also plays a role in work accidents on the road. This insurance covers personal damage of driver and passengers, regardless of blame.

5. Medical errors and loss of a chance

A medical error is not automatically a legal error. Yet a doctor or hospital may be liable for breaching the duty of care. We analyze medical files, guidelines and literature, and work together with medical advisors. Read our blogs:

• Medical errors: when is there liability?
• Loss of a chance in medical errors

6. Causal connection and evidence

To recover damage, it must be demonstrated that there is a causal link between the accident and the injury. This evidence is sometimes complex, especially with pre-existing complaints or medical errors. Arslan Lawyers helps with collecting evidence, such as medical reports, witness statements and expertises.

7. Whiplash and non-objectifiable injury

Whiplash and similar injuries without clear medical abnormalities often lead to disputes with insurers. However, the case law acknowledges that these types of complaints may also be real. Read our blog Whiplash: evidence, damage and acknowledgment for explanation and recent case law.

8. Pain and suffering: compensation for pain and suffering

Pain and suffering is the non-material damage compensation for pain, sorrow and lasting limitations. The amount depends on the severity of the injury, the duration of recovery and the consequences for daily life. We use the Guide to Pain and Suffering and current jurisprudence to calculate your compensation as accurately as possible.

9. Loss of earning capacity

With permanent injury, there is often a structural loss of income. Our experts calculate this accurately using our own system for loss of earning capacity. We look at gross and net amounts, tax pressure and future indexation.

10. Costs of legal assistance

Our services are free for victims, because we recover the costs from the liable insurer. This applies to all personal injury cases – from traffic accidents to medical errors. So there is no risk or financial disadvantage for you as a client.

11. Procedure and approach

After the accident, we take over all legal and administrative worries. Our action plan:

1. Inventory – conversation and file analysis;
2. Liability statement of the counterparty or insurer;
3. Advances on compensation;
4. Medical expertise and assessment by our medical advisor;
5. Damage state and negotiation on final arrangement;
6. Payment and finalization of the case.

12. Statute of limitations of personal injury

Most personal injury claims expire after five years from the day you knew who was liable. With medical errors, the term often starts later. Read more in our blog Statute of limitations in personal injury.

13. Psychological damage and shock damage

Also, psychological damage due to confrontation with a severe accident or death can lead to compensation. This is called shock damage. Survivors can also claim affectio damage for emotional suffering.

14. Wage damage and subrogation

Employers who continue to pay wages to a sick employee may recover this from the liable party. See our blog Reclaim wage damage after accident for explanation about evidence and calculation.

15. Why Arslan Lawyers?

Arslan Lawyers is one of the most specialized firms in the Netherlands in the field of personal injury. Led by lawyer Onur Arslan, we work nationally for victims, employers and insured. We combine legal expertise with medical knowledge, fast communication and personal involvement.

16. Frequently asked questions about personal injury

What does a personal injury lawyer cost?

Our help is free for victims. The liable party fully covers our costs.

How long does a personal injury case last?

This depends on the recovery and the final medical condition. We always strive for quick advances and a fair settlement.

Can I claim damages without evidence of guilt?

In some cases yes, for example in single-sided traffic accidents via the SVI insurance or at the risk liability of employers.

Am I entitled to pain and suffering with light injury?

Yes, even with light whiplash or psychological complaints, pain and suffering can be awarded, depending on the duration and the consequences.

Contact with Arslan Lawyers

Have you suffered injury because of someone else’s actions? Let us evaluate your case for free. The personal injury lawyers of Arslan Lawyers help you from beginning to end – honest, fast and expert. Contact us for immediate legal advice.