Personal injury lawyer can raise important questions about your position, the information you need and the practical steps to consider after an accident or injury.
Personal injury lawyer: practical first steps
First, keep relevant documents and note important dates. Next, write down questions about personal injury lawyer. In addition, consider obtaining timely legal advice that fits your particular circumstances, so that you can make informed choices about the next steps.
For additional general information, see Victim Support Netherlands information for victims.
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:
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:
- Inventory – conversation and file analysis;
- Liability statement of the counterparty or insurer;
- Advances on compensation;
- Medical expertise and assessment by our medical advisor;
- Damage state and negotiation on final arrangement;
- 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.
Frequently Asked Questions
What types of personal injury cases can a lawyer in the Netherlands help with?
A personal injury lawyer can assist with cases involving traffic accidents, workplace injuries, medical errors, and animal attacks. They help victims claim damages for physical or psychological injuries caused by others.
Who can be held liable for personal injuries in the Netherlands?
Liability typically falls on the driver in a traffic accident, employer in a workplace incident, doctor or hospital in a medical error, or owner of an animal in case of an attack, according to Dutch civil law.
What damages can I claim after a personal injury?
You can claim compensation for loss of income, medical expenses, domestic help, travel costs, and pain and suffering, covering all damages directly resulting from the accident.
How does employer liability work in workplace accidents in the Netherlands?
Employers are responsible for providing a safe work environment, and if an accident occurs due to negligence or unsafe conditions, they are usually liable for the employee’s damages according to civil law.
