Personal injury involves more than just recovery and compensation – it also requires legal clarity. Who is liable? What is the deadline for taking action? How do you prevent your rights from expiring? Read on this page what you need to know about the legal aspects of personal injury.

Establishing liability: who is responsible?

Liability is the legal foundation of every personal injury case. Only once it's established that someone else is responsible for your injury can you claim compensation. This usually happens through a notice of liability – a formal letter to the party responsible or their insurer.

Liability can be based on different grounds: a traffic violation, an unsafe workplace, a medical error, or an animal causing injury. Even without direct fault, someone can be liable – such as an employer for a workplace accident or a dog owner for a bite. In all cases, you must prove that there is a clear connection between the other party's conduct and your injury.

Strict liability: no need to prove fault

In some situations, you don't need to prove fault. With strict liability, the other party is responsible because of their position – such as an employer for a workplace accident or a dog owner in case of a bite. This makes it easier for victims to obtain compensation.

Statutes of limitation: act in time

Personal injury claims have a statutory period for legal action. In most cases, this is a five-year period from when you knew (or reasonably should have known) who is responsible for your damage. If you wait too long, your right to compensation may be forfeited.

There are exceptions where different time limits apply. This is the case, for example, with occupational diseases or medical errors, where the cause may only become clear years later. By sending a letter in time notifying the other party of liability, you can temporarily stop the statute of limitations from running. prevent.

Settlement or litigation: what's the right choice?

In many cases, a personal injury claim is settled through negotiations with the liable party's insurer. Such a settlement offers speed and certainty without the costs and stress of a lawsuit. However, settlement is not always the best choice.

If liability is disputed or the insurer's offer is unreasonably low, litigation may be necessary. The court then reviews the evidence and determines – if your case is upheld – the amount of compensation. Litigation takes more time but can also lead to a fairer outcome.

Partial dispute procedure: quick clarity in a conflict

A standard procedure addresses the entire case, but it's also possible to pursue a procedure regarding only one part of the case. We call this a partial dispute. A partial dispute procedure is a quick, accessible way to resolve a legal matter – without immediately starting a full-fledged lawsuit. You can use this procedure if you disagree with the other party on one important point, such as liability or the necessity of a treatment.

The court only rules on that one aspect. On other matters, the parties must still reach agreement. This often creates movement in the further process and facilitates negotiations. Our personal injury lawyers assess on a case-by-case basis whether a partial dispute makes sense.

International considerations: injury across borders

Were you injured abroad, or is the responsible party a foreign entity? Different rules may apply. For example, in traffic accidents within the EU, the Green Card system applies - a system that allows you to settle your claim in your own country.

Medical errors abroad or workplace accidents across borders can also create complex legal questions, such as which law applies and which court has jurisdiction. We have experience with cross-border personal injury cases and will guide you through the process.

The importance of evidence: document everything

A strong personal injury case starts with solid evidence. Immediately after the accident, take photos, collect witness statements, and obtain medical reports. Documents such as police reports, insurance information, and correspondence with the counterparty can also be decisive.

Make sure you also carefully document your own recovery: keep a complaints log, save appointment cards from doctors, and note who helped you with daily tasks. All this information helps substantiate your damages.