A preliminary expert report is a legal procedure to obtain an independent expert report outside of a full court case. This can be useful to assess the viability of a case or to facilitate negotiations in Rijswijk and surrounding areas.
What does a preliminary expert report entail?
A preliminary expert report is a request to the court to appoint an expert to answer specific questions. The report resulting from this can serve as a basis for negotiations or as evidence in a subsequent procedure at the District Court of The Hague, which includes Rijswijk.
Legal basis
This procedure is laid down in articles 202 to 207 of the Code of Civil Procedure (Rv). It is a form of preliminary evidence, comparable to a preliminary witness examination.
When is this useful?
Requesting a preliminary expert report can offer a solution in various situations in Rijswijk, especially in complex disputes.
Practical applications
| Scenario | Objective |
|---|---|
| Dispute over causation | Establish relationship between injury and incident |
| Medical uncertainty | Objectively assess limitations |
| Dispute over disability | Determine percentage of permanent disability |
| Stalemate in discussions | Neutral opinion to break impasse |
| Assessment of litigation risk | Evaluate whether a case has prospects of success |
How does the procedure proceed?
Requesting a preliminary expert report is done via a petition to the District Court of The Hague, which has jurisdiction over Rijswijk.
Key steps
- Submit request: with clear motivation and proposed questions for the expert
- Response from opposing party: they may file objections or add extra questions
- Hearing: a court hearing for discussion
- Court decision: granting or denying and setting the questions
- Appoint expert: an expert is selected in consultation with the parties
- Payment of advance: the applicant pays the initial costs of the expert
- Conduct investigation: the expert prepares a draft report
- Parties' feedback: opportunity to respond to the draft
- Final report: the expert delivers the definitive report
What are the costs?
The costs for a preliminary expert report can add up significantly, something to consider in Rijswijk.
Cost overview
| Type of costs | Estimate |
|---|---|
| Court fees | €314 (2024 rate, individuals) |
| Expert costs | Between €2,000 and €10,000 or more |
| Legal assistance | €2,000 to €5,000 |
Important: The applicant must pay the advance for the expert. In the event of success in a subsequent case, these costs may possibly be recovered from the opposing party.
Selecting an expert
The selection of an expert is essential for a reliable and useful report.
Selection criteria
- Relevant expertise and specialization
- Experience with personal injury cases
- Independence from the parties
- Membership of recognized organizations (e.g., NVMSR, LRGD)
- Approval by both parties
The importance of the formulation of questions
A well-formulated question largely determines the value of the report.
Standard IWMD questions
In medical matters, the IWMD formulation is often used, which includes among others:
- Nature of complaints and limitations
- Medical diagnosis
- Relationship to the incident
- Hypothetical situation without incident
- Percentage of disability
- Expected prognosis
Evidentiary value of the report
The report of a preliminary expert report has strong legal status.
Influence in court cases
- Binding on parties, unless well-substantiated rebuttal
- Courts generally follow the report
- Deviation only with convincing counterarguments
- Additional expert investigation is rarely allowed
Pros and cons at a glance
Advantages
- Neutral and authoritative advice
- Helps resolve negotiation conflicts
- Provides insight into prospects of success of a case
- Faster than a full court procedure
Disadvantages
- High costs, especially due to advance payment
- Risk of an unfavorable outcome
- Procedure can take a long time (1-2 years)
- Report is binding, even with negative outcome
Practical tips for Rijswijk
- First consult with the insurer about a joint expertise
- Formulate questions carefully and comprehensively
- Select an expert with specific experience in personal injury
- Ensure all medical records are available for the investigation
- Make use of the opportunity to provide feedback on the draft report
- For legal advice, you can go to the Juridisch Loket Rijswijk