No cure no pay in personal injury cases: what is a lawyer allowed to agree?
“You pay nothing if we recover nothing for you.” That promise appears on countless personal injury websites. For commercial personal injury firms that has long been normal; for lawyers a ban applied for many years, with an exception that has now been permanently established.
The subject is formally called result-related remuneration. It is worth knowing what limits apply to it, because those limits are specific.
From experiment to permanent rule
Since 2014 there has been an experiment that allowed lawyers in personal injury cases to make result-related agreements, as an exception to the general ban. That experiment has been extended several times and has now been permanently laid down in the Verordening op de advocatuur, in paragraaf 7.4.3.
The aim is twofold: access to justice for people who do not qualify for subsidised legal aid but cannot afford a lawyer either, and lawyers who can compete with commercial personal injury firms.
The hard limits
The scheme is not a free pass. Two maxima apply, depending on who pays the costs in advance:
- if the lawyer does not pay the costs in advance, the fee is at most 25% of the result obtained, and the usual hourly rate may be increased by factor 2;
- if the lawyer does pay the costs in advance – think of medical expert reports or court fees – then the maximum is 35% of the result, with an increase of the hourly rate by factor 2,5.
If a lawyer presents you with a percentage above these limits, that agreement is contrary to the verordening.
Not every case qualifies
The scheme applies to personal injury and fatal accident cases, and only if there is actually something to litigate: there must be a legal dispute about liability, the causal link or the existence of damage. There must also be uncertainty about the expected outcome.
A case in which the insurer has already accepted liability and only the amount is still being negotiated is therefore not automatically suitable. That is logical: without risk, a risk surcharge cannot be justified.
Lawyer or personal injury firm
With a lawyer you know where you stand: the maxima are in the verordening and there are disciplinary rules. Commercial personal injury firms do not fall under the Verordening op de advocatuur and are not bound by those same percentages. So look extra carefully at the contract there, and pay attention to what happens to the out-of-court costs that the other party reimburses.
A sensible check in advance is whether the service provider has the Nationaal Keurmerk Letselschade (National Personal Injury Quality Mark).
What you ask before signing
- Over which amount is the percentage calculated: over the total compensation or over what remains after deduction of costs?
- Who pays the costs in advance, and which maximum belongs with that?
- What happens to the out-of-court costs reimbursed by the other party?
- What if the case stops midway or you switch to another case handler?
Have the agreement checked first if necessary. An agreement about your fee is one that you will carry with you for years.
Frequently Asked Questions
Can a lawyer agree to no cure no pay in personal injury cases?
Yes. Success-based fees in personal injury and wrongful death cases are permanently established as an exception to the general ban in the Verordening op de advocatuur (Regulations for the Legal Profession), in section 7.4.3.
What is the maximum percentage a lawyer is allowed to charge?
A maximum of 25% of the achieved result if the lawyer does not advance the costs, and a maximum of 35% if they do. The hourly rate may be increased by a factor of 2 and 2.5, respectively.
Does every personal injury case qualify?
No. There must be a legal dispute regarding liability, causation, or the existence of damages, and there must be uncertainty about the expected outcome. If liability is already acknowledged and only the amount is being negotiated, the case is not automatically suitable.
Do the same rules apply to a personal injury claims agency?
No. Commercial personal injury claims agencies are not subject to the Verordening op de advocatuur and are not bound by these percentages. Therefore, read their contract extra carefully.
What should I ask before signing?
Which amount the percentage is calculated on, who advances the costs and what the maximum is in that case, what happens to the extrajudicial costs reimbursed by the opposing party, and what applies if the case is terminated early.
Choosing a case handler in Rijswijk
If from Rijswijk you are seeking legal assistance for your personal injury case, then the question of how you pay is at least as important as whom you engage.
First have it checked for free whether you might qualify for subsidised legal aid – then a result-related agreement is often not needed at all. Residents of Rijswijk can go for that to Het Juridisch Loket Den Haag (the Legal Desk) (Bezuidenhoutseweg 60, 2594 AW Den Haag), telephone 0900-8020. See het juridisch loket den haag.
If it comes to litigation, then your case as a resident of Rijswijk will be handled by the Rechtbank Den Haag (the district court), Prins Clauslaan 60, 2595 AJ Den Haag (telephone 088-361 1000). At that court the court fee is also charged – one of the costs of which you will want to know in advance who pays them upfront. See rechtspraak.nl.
If because of the accident you temporarily have no income and you cannot afford the court fee either, then enquire at the Gemeente Rijswijk (the municipality) about bijzondere bijstand (special assistance) for legal costs: rijswijk.nl.
This information is general in nature and is not legal advice about your personal situation. Checked in August 2026 on the basis of the information of the Nederlandse orde van advocaten (the Netherlands Bar) about result-related remuneration.