Claiming personal injury claims after a traffic accident

It is the leading cause of injury, a traffic accident. You can think of a car accident such as a rear-end collision, but also a bicycle accident or an accident in public transport.

Claiming personal injury claims is not easy. That is why you can call in a personal injury lawyer (Dutch: letselschade advocaat). In the Netherlands this is even completely free of charge if someone else is responsible for the occurrence of the traffic accident. For example, if you are hit by a car in The Hague, you can call in a personal injury lawyer in The Hague (Dutch: letselschade advocaat Den Haag) free of charge.

Unfortunately, the Netherlands is unique when it comes to costs of a personal injury lawyer. In most countries you have to pay the costs of a personal injury lawyer yourself. It is true that road victims are often compensated to some extent by the government. In addition, the system of no cure no pay is often used. In this system you only pay the personal injury lawyer if the outcome of the case is positive.

Who is at fault in a traffic accident?

Who is at fault in a traffic accident depends on what happened. There are many legal provisions that regulate who is at fault in a collision. In broad terms, it comes down to the fact that the driver who makes the traffic error is guilty in the event of a collision. For example, because someone does not give way, resulting in a side collision.

There are also legal provisions that indicate very specifically who is at fault, for example legal regulations that indicate who is at fault in a rear-end collision such as a rear-end collision or a chain collision.

In several countries cyclists and pedestrians are extra well protected against injury as a result of a traffic accident. In the Netherlands, for example, if you, as a cyclist, are hit by a car or other motor vehicle, you are always entitled to compensation. Even if the cyclist or pedestrian commits a traffic error themselves. For example, driving through a red light or not giving way. In the Netherlands, 50% of the personal injury is still reimbursed. This is because cyclists and pedestrians are seen as so-called “weak road users.” Always ask a personal injury lawyer whether you are entitled to compensation after a collision.

Which damage items are eligible for compensation?

Is the counterparty liable and has this person or his or her insurer also admitted liability? Then you can claim personal injury compensation. But what are you entitled to after a traffic accident?

Personal injury is first subdivided into material damage and punitive damages. Property damage is all personal injury that can be valued in money. This is not compensation for suffering, it is compensation for the personal consequences that the accident has for you.

We can further subdivide material damage into costs and damage. Costs include medical costs, such as costs for treatments by a physiotherapist. But also costs for domestic help, costs incurred in the hospital during hospitalization and costs for care and nursing at home are part of the costs that are reimbursed.

In the case of damage, you can think of wage damage due to incapacity for work, pension damage and damage due to a study delay.

Compensation, finally, is compensation for the suffering you suffer as a result of the traffic accident, such as pain complaints, anxiety complaints and psychological complaints.