Personal injury damage refers to the damage you suffer due to physical or mental injury caused by another. If the responsibility lies with someone else, you can claim compensation.
What does personal injury damage mean?
Personal injury damage concerns all consequences of physical or mental injury. This can result from situations such as:
- Traffic accidents
- Workplace incidents
- Medical negligence
- Assault or violence
- Defective products
- Mishaps in public spaces
What damage can be claimed?
| Type of damage | Examples |
|---|---|
| Financial damage | Hospital costs, loss of income, home adaptations |
| Emotional damage | Compensation for suffering, pain and loss of quality of life |
When can you claim compensation?
You may be entitled to compensation if:
- You have sustained injury
- Someone else is responsible for it
- There is a direct connection between the act and your damage
- Your claim has not become time-barred
Who bears the responsibility?
Responsible parties can be:
- The person who caused the incident
- Your employer (in case of work-related accidents)
- The manager of a public road (in case of poor maintenance)
- The manufacturer (in case of defective products)
- A healthcare institution or doctor (in case of medical errors)
How does a personal injury claim work in Rijswijk?
A claim is often settled via the insurance of the liable party. The process consists of:
- Reporting the incident
- Establishing liability
- Determining the extent of the damage
- Negotiating the compensation
- Payment of the compensation
How long does it take to process a personal injury claim?
This depends on the case. Simple claims can be settled within a few months, while complex cases with long-term injury can take years. This is because the final medical condition must first be clear.Is a lawyer necessary for personal injury?
It is not mandatory, but it is recommended. A personal injury specialist knows the legislation and helps you obtain appropriate compensation. Often, the costs are covered by the opposing party's insurance.What if the opposing party has no insurance?
In traffic accidents, you can claim from the Motor Insurers' Guarantee Fund (Waarborgfonds Motorverkeer). For violent crimes, there is the Violent Crimes Compensation Fund (Schadefonds Geweldsmisdrijven). Otherwise, you can hold the causer directly liable.Frequently asked questions about personal injury in Rijswijk
How do I determine if I am entitled to compensation?
You can file a claim if you have suffered damage due to another's actions and the connection is clear. This applies, for example, to traffic accidents or errors in healthcare. An expert can analyze your situation in Rijswijk and assist with the claim.
What are the first steps after an accident?
Report the accident to the relevant parties, such as your employer or insurer, and ensure an official report. Go to a doctor for documentation of your injury and preserve evidence. Contact a lawyer in Rijswijk for assistance.
How is the compensation calculated?
The amount of compensation includes both financial costs (such as medical expenses) and non-material damage (pain and suffering). This depends on the severity and impact of your injury. Experts in Rijswijk help determine a fair amount.
Do I have to negotiate with the insurer myself?
You can do this yourself, but a lawyer increases the chance of a fair outcome. Insurers often try to pay out less. A specialist in Rijswijk can act on your behalf.
What if the opposing party does not pay?
If payment is not forthcoming, a lawyer in Rijswijk can take legal action, such as court proceedings. Alternatives include funds like the Motor Insurers' Guarantee Fund or the Violent Crimes Compensation Fund in specific situations.
For legal assistance, you can contact the Juridisch Loket Rijswijk. Cases are often handled by the Rechtbank Den Haag.