The role of medical expertise in personal injury cases
In personal injury cases, determining the nature and extent of the injury is of essential importance. Medical expertise forms the basis for calculating your compensation. Without a thorough medical report, it is difficult to objectively establish the damage and obtain a fair settlement.
What is a medical expertise?
A medical expertise is an independent medical examination conducted by a specialised physician, also known as a medical expert. This physician assesses your injury, the causal connection between the accident and your complaints, the degree of permanent disability, and the prognosis for recovery. The resulting report is an important piece of evidence in your personal injury case.
When is a medical expertise necessary?
A medical expertise is usually engaged when there is a dispute about the severity of the injury, the causal connection with the accident, or the degree of permanent impairments. Pursuant to Article 6:98 of the Dutch Civil Code (BW), there must be a causal connection between the wrongful act and the damage. The medical expertise helps to objectively establish this connection.
In practice, an expertise is often requested when treatment has been completed or when a medical end state has been reached. This can vary from several months to several years after the accident, depending on the nature of the injury.
How does the expertise process work?
The expertise process begins with the joint formulation of questions by your lawyer and the insurer. These questions are submitted to the medical expert. Subsequently, a physical examination takes place, during which the expert studies your medical history and may conduct additional tests. The expert prepares a draft report that you may review and respond to before it becomes final.
Types of medical expertise
There are various forms of medical expertise. The most common is the expertise by joint request, in which both parties appoint an expert. Additionally, there is the option of a preliminary expert report through the court pursuant to Article 202 of the Dutch Code of Civil Procedure (Rv). At Arslan Advocaten, we advise you on which form is most suitable for your situation.
The importance of proper guidance
A medical expertise can be decisive for the outcome of your case. It is therefore important that you are well prepared for the examination. Your personal injury lawyer ensures that the right questions are asked and that the report is carefully reviewed. Contact Arslan Advocaten for expert advice on medical expertise in your personal injury case.