Veelgestelde vragen

Wij verwelkomen u graag op ons kantoor voor een oriënterend en gratis gesprek. Kom bij ons binnen, dan bespreken wij de mogelijkheden van uw zaak. Ter voorbereiding volgt hier een overzicht van veelgestelde vragen.

You may find yourself facing extraordinary challenges and confusing choices. You must recover your health and may not be able to work for an extended period of time, and yet you have many bills to pay. Good and reliable legal aid is of crucial importance. We can advise you, and our initial advice is always free of charge and without any obligation. When we start working on your case, we not only ensure that your case will be dealt with professionally but also try to assume a lot of your paperwork and other burdens.

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Step 1: Seek acknowledgement of liability. Step 2: Acquire medical information. Step 3 : Determine the preliminary and final level of compensation.

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Costs depend on a variety of situations

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travel and transportation expenses to physicians or hospital accomodation expenses in hospital or convalescent home loss of capacity to work domestic aid nursing aid and necessary help at home medical auxiliary devices compensation for activities in and around your house which you can no longer do yourself adjustments to your house lawyer’s fees

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Relatives may claim compensation when a loved one dies in an accident. The compensation for relatives is limited to two items: funeral expenses; and loss of income if the deceased person was the sole earner or made a major contribution to the family’s income. Loss may be claimed by a non-relative if he or she lived with and was financially supported (either entirely or in greater part) by the victim. Compensation may also be awarded to cover the victim’s contribution to housekeeping.

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If you have legal aid insurance, report to your insurer as soon as possible. Most policy conditions provide for dispute settlement. The insurance company generally takes initial steps for you in your case.

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Your injury case can only be fully assessed when your medical treatment is completed and you have reached the final medical stage. The liable party will advance you payment against the final settlement for as long as you are being treated by a physician. Your lawyer will negotiate with the insurer the advance payments you will receive, based on a well-documented damage-statement.

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Pain and loss of quality of life cannot be compensated. However, a financial compensation can give some consolation and relief. The level of compensation depends on personal circumstances: how serious are injuries, physical disfiguration, or new physical limitations? Age also makes a difference. (The younger the person and the worse the injury, the higher the compensation will be.) There is no provision for pecuniary damage in the Dutch legal system (unlike in the United States).

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First, your body needs to recover and the full medical consequenses of your injury must become clear; both of these things take time. We must also determine the impact of your injury on your private and professional life, which may not be immediately evident. Please bear in mind that it takes some years to settle a personal injury case—two to three years is average, based on our experience.

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When the full impact of your injury on your life and work are clearly determined, your lawyers will help you obtain a final payment. The final payment will help enable you to live as closely as possible to your former life or will enable some other appropriate solution. In major cases, the accoutant we hire specializes in calculating the damage you have suffered due to loss of capacity for work.

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Because a personal injury case requires legal knowledge and involves many parties, it is important that somebody represent you in both word and deed. A legal professional will know what claims are allowable; can advise you about realistic approaches to a case; and can help you reach a settlement within a reasonable period of time. The stress and grief of enduring an injury or losing a loved one in an accident can be powerful, even overwhelming. Having a professional who knows his or her way around the legal field will help ease your worries, financial and otherwise.

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Legal aid paid by the Dutch Government may be possible. If you want to apply for governmental legal aid, your income and equity must be below a certain level (see www.rvr.org, which will inform you if you are entitled to a subsidy). Your lawyer can submit an application to the the Legal Aid Council for you.

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Once a final agreement has been reached you will sign a contract, called a settlement agreement, that indicates your full satisfaction with it and your abandonment of further claims on the liable party. We will advise you in detail before you sign the settlement.

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The victim has to provide evidence of damage. It is important to retain all supporting documents, such as bills, receipts of payments, salary statements, annual statements, tax returns, and any other relevant financial information.

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If the counter-party or the insurance company refuses to admit liability, we will advise you about the chances of your case in court. If the case is simple, the court will very likely reach a swift decision. However, if the parties disagree about actual and relevant facts of the accident, we will need to gather official statements by witnesses and experts. In some instances, a full examination of the substance of a case may even accelarate the proceedings.

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The payment you will receive will be considered a net payment by the Dutch tax authorities. The lump sum and/or advance payments are not considered part of your taxable income. However, if the payment is a substantial amount, you will have to pay 1.2% equity tax. We suggest that you consult your tax accountant before submitting your tax return.

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The parties begin by exchanging legal documents that lay out their points-of-view. A judge will then order both parties to appear in court in person. In no-win situations, the judge will often give an interim judgement while court is in session, and the parties may try to reach an amicable settlement. Unfortunately, the judge may not reach a swift decision in cases that are particularly complicated. Such cases can be referred to a higher court, such as the Supreme Court.

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The following parties can be involved: claims representative, labour expert, occupational therapist, care manager, accountant.

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