When negotiations regarding personal injury do not lead to a solution, a ground procedure at the court in the The Hague region, which includes Rijswijk, may be necessary. This concerns a full lawsuit in which the judge makes a final ruling.
When to opt for a ground procedure?
A ground procedure is only initiated if an amicable settlement proves impossible.
Reasons for a lawsuit
| Reason | Explanation |
|---|---|
| Liability not acknowledged | The insurer refuses to accept liability |
| Causal link disputed | The link between the accident and injury is denied |
| Damage amount unclear | No agreement on the amount of compensation |
| Prescription approaching | Procedure to prevent prescription |
| Important legal issue | A principled question must be clarified legally |
Competent court
For residents of Rijswijk, jurisdiction falls under the District Court of The Hague. The specific judge depends on the amount of the claim.
Judicial jurisdiction
| Claim amount | Judge | Type of procedure |
|---|---|---|
| Up to €25,000 | Subdistrict Judge (District Court of The Hague) | Simpler process, lawyer not required |
| More than €25,000 | District Court of The Hague | Lawyer required |
| Appeal | Court of Appeal of The Hague | Lawyer mandatory |
| Cassation | Supreme Court | Special cassation lawyer required |
Course of a ground procedure
A lawsuit involves several steps that are carefully followed.
Steps in the procedure
- Summons: Official start with the claim and substantiation
- Defence: Response from the defendant to the claim
- Reply: Possible response from the claimant to the defence
- Rejoinder: Possible counter-response from the defendant
- Preliminary hearing: Oral hearing, often with an attempt at settlement
- Evidence: Submission of witnesses and expert reports
- Plea: Optional oral explanation
- Judgment: Final decision by the judge
Time and costs in Rijswijk
A ground procedure at the District Court of The Hague can take a long time and involves significant costs.
Duration of the procedure
- First instance: 1 to 3 years
- Appeal: Additional 1 to 2 years
- Cassation: Another 1 to 2 years
- Total across all instances: 4 to 7 years
Financial burdens
| Type of costs | Estimate |
|---|---|
| Court fees | €314 to €4,200 (depending on case value) |
| Lawyer costs | €10,000 to €50,000 or more |
| Expert reports | €3,000 to €15,000 |
| Personal costs (travel, leave) | Depending on situation |
Costs of proceedings and reimbursement
The losing party is often ordered to pay the costs of the proceedings, but this reimbursement covers only a small portion of the actual costs.
Liquidation tariff explanation
The reimbursement for costs of proceedings follows the liquidation tariff, with fixed amounts per procedural step. This usually compensates only 10-30% of the actual lawyer costs.
Burden of proof in personal injury cases
The allocation of the burden of proof in personal injury cases is regulated as follows.
Who must prove what?
| Element | Burden of proof with |
|---|---|
| Tort | Victim (claimant) |
| Extent of damage | Victim |
| Link accident-injury | Victim |
| Contributory negligence | Causer (defendant) |
| Force majeure | Causer |
Settling during the proceedings
Many personal injury cases are ultimately settled, even during the procedure.
Possible moments for settlement
- Directly after summons, before the defence
- During or shortly after the preliminary hearing
- After receipt of an expert report
- In the appeal phase
- Even during cassation
Judges often encourage a settlement to avoid the uncertainty of a judgment.
Practical advice for Rijswijk
- View a lawsuit as a last resort; first seek alternatives
- Keep all evidence and documents regarding your damage in order
- Work with a lawyer specialized in personal injury
- Be prepared for a long procedure and emotional impact
- Remain open to a settlement, even during the case
- Inquire at the Legal Counter in Rijswijk about possibilities for legal aid
Frequently asked questions about personal injury procedures
What are my rights for an online purchase?
For online purchases, a 14-day cooling-off period applies without giving a reason, unless there are statutory exceptions.
How long is the statutory warranty?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at purchase.