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3Banner_3_Rijksmuseum-poort.png - Damage caused by personal injuries or death: a step-by-step guide

Damage caused by personal injuries or death: a step-by-step guide

Chances are you have never had anything to do with personal injuries or damages resulting from death in which a liable party has been involved. There will be a lot happening. Your life has been turned upside down. You are drawn into legal procedures against your will, in which you may have to deal with many different parties. Here’s some of what you can expect. 

  • If we represent you we will hold the party responsible liable for your loss, if the attorney thinks this is necessary. In case of medical liability we will first consult our medical
  • It is very likely that liability will become the subject of an extensive legal discussion, in which liability will be established, or not. Compensation is enforceable only if the responsible party has admitted it was liable, or if the Court so decides or if (the insurer of) the responsible party has explicitly stated it will pay compensation. Once liability has been established, the following will apply.
  • If you have personal injuries, we will make a list of your injuries and the symptoms and limitations caused by those injuries, together with our medical advisor(s). Only if you      have reached the point where your doctor decides that you are fully recovered or does not expect any further recovery (so-called Maximum Medical Improvement or MMI), can your case be settled definitively.
  • In anticipation of your recovery your lawyer will try to recover your loss from the liable party (or that party’s insurer) by asking for an advance. You play a big part in this, as you have to provide the documents and evidence that support your loss. Your lawyer will also decide what other action has to be taken. Maybe independent medical specialists will draw up a more detailed overview of your injuries and their impact. Or perhaps an occupational consultant or other external party will be asked to support you in your recovery, or provide evidence supporting your loss.
  • If your lawyer and the liable party (or that party’s insurer) cannot reach agreement, your lawyer and you may decide to start court proceedings or mediation.
  • You will understand that this entire procedure can take a long time. Although this can be difficult for you, it is in your interest that we take the time necessary to get certainty about suitable compensation. Only then can we represent you in the best possible manner.
  • Eventually your lawyer and the liable party (or that party’s insurer) will negotiate about the final payment of      compensation and the terms of settlement. Your lawyer will provide you with regular updates every step of the way.