How long does a personal injury case take on average?
One of the most frequently asked questions to personal injury lawyers is: how long will my case take? The answer depends on various factors. On average, a personal injury case in the Netherlands takes between six months and three years. Complex cases can take longer, sometimes five years or more.
Factors that influence the duration
The duration of a personal injury case is determined by several factors. First and foremost, the severity of the injury plays a major role. In cases of minor injury that heals quickly, the case can be settled relatively fast. In cases of serious injury with prolonged recovery or permanent impairments, it is important to await the medical end state before the definitive damage can be established.
Additionally, the acknowledgement of liability is a determining factor. When the opposing party promptly acknowledges liability pursuant to Article 6:162 of the Dutch Civil Code (BW), the process can proceed more quickly. If the opposing party disputes liability, this can significantly delay the case.
The medical process
The medical process is often the most time-consuming phase. After the accident, a period of treatment and rehabilitation typically follows. Only when the medical end state has been reached can a medical expertise take place to establish the permanent consequences. This can take months to years, depending on the type of injury.
The negotiation phase
Once the medical situation is clear and all damage items have been mapped out, the negotiation phase with the insurer begins. Your lawyer prepares a detailed damage statement and submits it to the insurer. Negotiations can take several weeks to months, depending on the complexity and the willingness of the insurer to reach a reasonable settlement proposal.
What if negotiations fail?
If the parties cannot reach an agreement through mutual consultation, legal proceedings can be initiated. Civil proceedings at the court can extend the processing time by six to eighteen months. That is why at Arslan Advocaten, we always try to reach a solution through extrajudicial means first.
How can you speed up the process?
You can contribute to a smoother process by providing all relevant documents in a timely manner, keeping medical appointments, and communicating openly with your lawyer. Engage a specialised personal injury lawyer as early as possible. At Arslan Advocaten, we take on your case proactively from the start and maintain control over the process to prevent unnecessary delays.