Negotiations in personal injury cases may drag on for a long time. There are many points of discussion that can frustrate the negotiation process. What are the circumstances of the accident? What are the implications? Who is liable? And what is the damage? Should an expert be consulted, and if so, which expert?
Since 2010 so-called sub-proceedings make it possible to simplify and accelerate the settlement of the loss and damage caused by personal injury (or death).
In subproceedings only part of the dispute between the parties is submitted to the court. Once the Court has decided in the subproceedings, the parties can continue negotiating about the settlement of the loss.
Subproceedings are a cheaper alternative to time-consuming and costly proceedings on the merits of the case. As a rule the liable party bears the costs of the proceedings.