Injuries in Greece
Recently, I was again allowed to use my international network. It concerned a case in which a Dutch tourist on a Greek island was hit. Liability had been admitted, but through the Dutch representative of the Greek insurer, no more than a paltry sum was forthcoming, even though she had suffered brain damage and had become completely disabled.
Statute of limitations
I received this case because the statute of limitations under Greek law urgently needed to be interrupted. Unfortunately, in Greece this is done in a more laborious manner than in our own country. Whereas here we can suffice with a simple letter to the WAM insurer, under Greek law legal proceedings must be instituted before the statute of limitations expires.
Greek law
That I could sue the Greek insurer in the Netherlands was already known to me, but substantively Greek law was applicable of which I am less familiar. Moreover, I had learned from an English colleague that Greek insurers are bad payers, even if there is a guilty verdict. So what I needed was an opinion from a Greek colleague on the issues in dispute. I had also thought of claiming the full damages in ordinary proceedings on the merits: at least then I would have a judgment with which to send the Greek bailiff out, should payment fail to materialize.
PEOPIL
I checked with one of my Greek colleagues who I know through PEOPIL, the association of European personal injury lawyers. He wrote a wonderful opinion that was submitted to the court as an appendix to the subpoena.
Loss of earning power
The biggest point of contention concerned loss of earning capacity. It was clear, after all these years, that my client could no longer work. A reintegration attempt had failed and she even received IVA benefits from the UWV. It was argued by the Greek insurer that nevertheless, under Greek law, compensation could only be awarded for five years. After five years, a victim would have to file another lawsuit with the court, should the victim believe that she was still suffering damages. After all, it could be that at some point a victim would be able to generate income again. An inhumane practice especially for victims who with almost complete certainty will never be able to do so again. It seems to have become a common practice in Greece, but it is not based on any legal rule. Fortunately, my Greek colleague was able to cite many rulings by Greek courts in which it had been ruled otherwise and victims had been fully compensated immediately.
All's well that ends well
At the hearing, the Dutch court, never too shy to take a pragmatic approach to such matters - another reason to want to litigate in the Netherlands - pushed for a settlement with a preliminary judgment that was right up my client's alley. And so true, agreement was reached on compensation covering the full term of the damages. Since then, that amount has been paid!
In short, in personal injury cases involving foreign law, do not be put off. At Beer advocaten, our international network is so extensive, not only within Europe, but also in the United States and Australia, that we can assist you in this regard.