A personal injury lawyer in the Netherlands helps victims of accidents, medical errors and other damage incidents recover their damages. Whether you were injured in traffic, at work or due to a medical error: you are entitled to full compensation. The personal injury specialists of Arslan Advocaten will guide you personally, expertly and free of charge - because we recover the costs from the liable party.
1. What is personal injury?
Personal damage includes all damage you suffer as a result of physical or psychological injury caused by someone else. Think of traffic and industrial accidents, medical errors or abuse. This damage can consist of loss of income, medical costs, household assistance, but also punishment for immaterial damage.
Read more in our blogs:
- Help with personal injury
- Business accident and employers' liability
- Whiplash after traffic accident
- Medical errors and liability
- Loss of an opportunity in medical mistakes
2. Who is liable for personal injury?
According to Article 6:162 of the Dutch Civil Code, anyone who causes damage to another through an unlawful act is liable. In personal injury cases these are often:
- The driver in the event of a traffic accident;
- The employer in the event of a industrial accident;
- The doctor or hospital in the event of a medical error;
- The owner of an animal in the event of a dog bite or animal attack.
3. Compensation: what can you claim?
Full compensation consists of all damages that are a direct result of the accident. The most important are:
- Loss of income – loss of ability to work or profit;
- Medical costs – deductible, aids, therapies;
- Domestic help – paid or unpaid support;
- Travel expenses – visits to doctors, specialists or lawyers;
- Penalty – compensation for pain, grief and loss of enjoyment of life.
Read also: Calculate pain relief: factors and examples
4. Industrial accidents and employers' liability
Employers are obliged under Article 7:658 of the Dutch Civil Code to provide a safe working environment. If things go wrong, the employer is usually liable for the employee's damages. Think of accidents involving machines, falls or unsafe work instructions.
Read more in our blog: Liability in the event of industrial accidents.
SVI insurance and recourse
SVI insurance also applies to industrial accidents along the way. (Occupant Damage Insurance) a role. This insurance covers personal damage to the driver and passengers, regardless of fault.
5. Medical errors and loss of opportunity
A medical error is not automatically a legal error. However, a doctor or hospital may be liable in the event of a breach of duty of care. We analyze medical records, guidelines and literature, and work together with medical advisors. Read our blogs:
6. Causal link and evidence
To recover damages, it must be proven that there is a causal link between the accident and the injury. This evidence is sometimes complex, especially in the case of pre-existing complaints or medical errors. Arslan Lawyers helps collect evidence, such as medical reports, witness statements and expertise.
7. Whiplash and non-objectifiable injuries
Whiplash and similar injuries without clear medical abnormalities often lead to discussions with insurers. However, case law recognizes that these types of complaints can also be real. Read our blog Whiplash: evidence, damage and recognition for an explanation and recent case law.
8. Compensation for pain and suffering
Penalty is non-material compensation for pain, grief and permanent disabilities. The amount depends on the severity of the injury, the duration of recovery and the consequences for daily life. We use the Penalties Guide and current case law to calculate your compensation as accurately as possible.
9. Loss of earning capacity
Permanent injury often results in a structural loss of income. Our experts calculate this accurately using our own system for loss of earning capacity. We look at gross and net amounts, tax burden and future indexation.
10. Costs of legal assistance
Our services are free of charge for victims, because we recover the costs from the liable insurer. This applies to all personal injury cases – from traffic accidents to medical errors. So there is no risk or financial disadvantage for you as a client.
11. Procedure and approach
After the accident, we take over all legal and administrative concerns. Our step-by-step plan:
- Inventory – conversation and file analysis;
- Liability of the other party or insurer;
- Advance payments on compensation;
- Medical expertise and assessment by our medical advisor;
- Statement of damage and negotiation about final settlement;
- Payment and completion of the case.
12. Limitation for personal injury
Most personal injury claims expire after five years from the day on which you knew who was liable. In the case of medical errors, the period often starts later. Read more in our blog Limitation for personal injury.
13. Psychological damage and shock damage
Psychological damage resulting from confrontation with a serious accident or death can also lead to compensation. This is called shock damage. Surviving relatives can also claim affection damage for emotional suffering.
14. Wage damage and recourse
Employers who continue to pay wages to a sick employee may recover this from the liable party. See our blog Wage damage stories after an accident for an explanation of evidence and calculation.
15. Why Arslan Advocaten?
Arslan Advocaten is one of the most specialized firms in the Netherlands in the field of personal injury. Under the leadership of lawyer Onur Arslan, we work nationally for victims, employers and insured persons. We combine legal expertise with medical knowledge, fast communication and personal involvement.
16. Frequently asked questions about personal injury
How much does a personal injury lawyer cost?
Our help is free of charge for victims. The liable party will fully reimburse our costs.
How long does a personal injury case take?
That depends on the recovery and the medical end state. We always strive for quick advances and a fair settlement.
Can I recover damages without proof of guilt?
In some cases yes, for example in the case of unilateral traffic accidents via the SVI insurance or with employers' strict liability.
Am I entitled to compensation for minor injuries?
Yes, also for minor injuries whiplash or psychological complaints, damages may be awarded, depending on the duration and consequences.
Contact with Arslan Advocaten
Have you suffered injury due to the actions of someone else? Let us assess your case free of charge. The personal injury lawyers from Arslan Advocaten will help you from start to finish - honestly, quickly and expertly. Contact us for direct legal advice.