Holding someone liable for personal injury

Have you been the victim of an accident or incident in which another person is responsible for your injury? In many cases, you are entitled to compensation. The first step is to hold the responsible party liable (or their insurer). Below, we explain how to approach this carefully, what deadlines apply, and what damages you can claim — with references to our in-depth articles.

What does holding someone liable mean?

With a liability claim, you officially inform the other party that they are responsible for your damages. This is done through a written liability letter to the opposing party or their insurer. In this letter, you briefly describe the circumstances, why the other party is liable, and that you want your damages (current and future) compensated. Our lawyers ensure this letter is legally complete and that no deadlines are missed. See also our 10-step plan for personal injury.

Statute of limitations: how long do you have?

• 5 years – in most cases, from the moment you know you have suffered damage and who is liable;
• 3 years – for direct claims against the insurer (e.g., WAM claim in traffic accidents).

Do not wait until everything is clear. File a liability claim in time (if necessary pro forma) to prevent the statute of limitations from expiring. Useful checklist: What is my personal injury amount?.

Step-by-step plan: how to hold someone liable

1) Collect evidence

Photos of the incident, witness details, police report, medical information, and receipts/cost overviews. In workplace accidents: reporting obligations and risk assessments play a role. Read more: Reporting a workplace accident: what are the rules?.

2) Send a liability letter

We draft the letter and send it by registered mail to the opposing party/insurer. This formally records that you are claiming full damages. In traffic cases, you can often directly approach the WAM insurer; see Personal injury after a traffic accident.

3) Investigation & acknowledgment

The insurer assesses the liability. Sometimes additional fact-finding or a medical process follows. If liability is acknowledged, we start the claims settlement and arrange advance payments.

4) Inventory of damages

We map out all damage items. In-depth reading:

• Loss of earning capacity (income loss);
• Calculating pain and suffering compensation and pain and suffering after a traffic accident;
• Workplace accident: your rights and holding your employer liable;
• Types of accidents and personal injury (overview).

5) Finalization and payment

After negotiations, we formalize the settlement. The insurer pays your damages and — when liability is acknowledged — also the costs of legal assistance.

Specific situations

Traffic accident (car, bicycle, scooter)

Thanks to the WAM (Motor Insurance Liability Act) and protection rules for vulnerable road users, you can often receive (partial) compensation. Want to know more about whiplash complaints and claims? See Whiplash after a collision.

Workplace accident

Employers have an extensive duty of care. In practice, the employer is often liable unless they can demonstrate they did everything to prevent the accident. Read more: Workplace accident: what now? and Falls from height.

Common mistakes (and how to prevent them)

• Filing a liability claim too late: prevent the statute of limitations from expiring (see also our step-by-step plan);
• Incomplete or incorrect liability letter;
• No or insufficient evidence of the circumstances and damages;
• Negotiating with the insurer yourself without legal protection.

Example from practice

An employee was injured after a fall from height. The employer rejected liability. We collected facts, witness statements, and medical evidence. Result: acknowledgment of liability, full compensation for loss of earning capacity and pain and suffering.

Conclusion

"Holding someone liable" seems simple, but requires legal precision and strict deadline management. With Arslan Advocaten, you avoid costly mistakes and claim all damage items — including future damages and pain and suffering compensation.