When negotiations regarding personal injury do not yield results, a substantive proceeding at the court in the Westland region may be necessary. This concerns a full legal action in which the judge makes a final ruling.
When to opt for substantive proceedings?
Substantive proceedings are initiated as a last resort when a settlement proves impossible.
Reasons for court proceedings
| Reason | Explanation |
|---|---|
| Disputed liability | The insurer refuses to acknowledge liability |
| Disputed causal connection | The link between the injury and the accident is not accepted |
| Dispute over damage amount | No agreement on the amount of compensation |
| Risk of prescription | To prevent the claim from becoming time-barred |
| Important legal question | A principled issue must be decided |
Which judge is competent?
The competent judge is determined by the amount of the claimed compensation, often in the region of the District Court of The Hague.
Allocation of jurisdiction
| Claim amount | Competent authority | Procedure type |
|---|---|---|
| Up to €25,000 | Subdistrict judge | Simpler, lawyer not always required |
| More than €25,000 | District Court | Lawyer mandatory |
| Appeal | Court of Appeal | Lawyer required |
| Cassation | Supreme Court | Special cassation lawyer required |
Course of substantive proceedings
A legal proceeding involves multiple steps and phases.
Steps in the procedure
- Summons: official start with the claim and argumentation
- Defence: response from the defendant
- Reply: response from the claimant to the defence (if necessary)
- Rejoinder: response from the defendant to the reply (if necessary)
- Preliminary hearing: oral hearing, possibly an attempt at settlement
- Evidentiary phase: witness statements, expert reports
- Plea: additional oral explanation (optional)
- Judgment: final decision by the judge
Time and costs in Westland
A legal proceeding entails significant time and financial burdens.
Duration of the case
- First instance: 1-3 years
- Appeal: additional 1-2 years
- Cassation: another 1-2 years
- Total across all instances: 4-7 years
Financial burdens
| Type of costs | Estimate |
|---|---|
| Court fees | €314 to €4,200 (depending on case value) |
| Lawyer costs | €10,000 to €50,000 or more |
| Expert reports | €3,000 to €15,000 |
| Personal costs (travel, leave) | Depending on situation |
Costs of proceedings and reimbursement
The losing party is often ordered to pay the costs of the proceedings, but this is a standard amount that does not cover all expenses.
Reimbursement rate
The reimbursement for costs of proceedings follows the liquidation tariff, with fixed rates per procedural step. This usually compensates only 10-30% of the actual lawyer costs.
Who must prove what?
In personal injury cases, the burden of proof is allocated as follows.
Allocation of burden of proof
| Subject | Burden of proof lies with |
|---|---|
| Tort | Claimant (victim) |
| Extent of damage | Claimant |
| Cause-and-effect relationship | Claimant |
| Contributory negligence | Defendant (causer) |
| Force majeure situation | Defendant |
Settling during the proceedings
Many personal injury cases still end in a settlement during the process.
Moments for settlement
- Immediately after summons, before the defence
- During or shortly after the preliminary hearing
- After expert reports
- In the appeal phase
- During cassation proceedings
Judges often encourage a settlement to avoid uncertainty about the judgment.
Advice for Westland
- View court proceedings as a last resort; first seek alternatives
- Ensure a solid file with proof of your damage
- Select a lawyer with expertise in personal injury, possibly via the Legal Counter Westland
- Be prepared for a lengthy process and emotional impact
- Remain open to a settlement, even during the proceedings
- Inquire about options for subsidized legal aid
Frequently asked questions about personal injury
What are my rights for an online purchase?
For online purchases, a 14-day cooling-off period applies without reason, except for statutory exceptions.
How long is the warranty period?
Products must function for at least 2 years. Defects within 6 months are presumed to have existed at purchase.
Can I claim interest on compensation?
Yes, in some cases you can demand interest on the compensation, depending on the situation and agreement.