In personal injury cases in Westland, the costs of legal assistance are often borne by the liable party. This concerns extrajudicial costs (BGK), but determining an appropriate reimbursement often leads to disagreement.
Definition of Extrajudicial Costs
Extrajudicial costs include expenses incurred to obtain compensation without court intervention.
Elements of BGK
| Element | Examples |
|---|---|
| Legal assistance | Lawyer, personal injury specialist |
| Medical input | Medical expert, additional diagnosis |
| Specialist reports | Vocational expert, financial analyst |
| Administrative tasks | Collecting documentation, communication |
Assessment via Double Reasonableness Test
The awarding of BGK is tested using the double reasonableness test.
Two Key Questions
- Were the costs necessary? Were the performed tasks essential and appropriate to the nature of the case?
- Is the amount justified? Do the rates and hours worked align with standard norms?
Hourly Rates and Costs
The level of rates remains a much-discussed topic in Westland.
Standard Rates
| Specialist | Average hourly rate | Remarks |
|---|---|---|
| Personal injury lawyer | €200 - €350 | Including overhead costs |
| Personal injury expert | €150 - €250 | Without lawyer status |
| Medical consultant | €150 - €200 | Specialized physician |
| Vocational specialist | €100 - €150 | Fixed price per report possible |
| Financial expert | €150 - €250 | For damage calculations |
PIV Scale Guideline
The Insurers' Personal Injury Institute (PIV) provides a scale as a guideline for BGK reimbursements in Westland and beyond.
PIV Scale Overview
| Damage amount | BGK percentage | Maximum amount |
|---|---|---|
| €0 - €5,000 | 25% | €1,250 |
| €5,000 - €10,000 | 20% | +€1,000 |
| €10,000 - €20,000 | 15% | +€1,500 |
| €20,000 - €50,000 | 10% | +€3,000 |
| €50,000 - €100,000 | 8% | +€4,000 |
| > €100,000 | 5% | Decreasing percentage |
Important note: The PIV scale is merely an indication, not a binding rule. In complex cases in Westland, a higher reimbursement may be justifiable.
Common Conflicts
In Westland, BGK regularly lead to disputes between victims and insurance companies.
Key Points of Contention
Rate height
Insurers often find rates too high, while lawyers and firms in Westland argue that they align with market and judicial standards.
Hours worked
Insurers dispute the number of billed hours, while personal injury experts point to the complexity of cases in Westland.
Necessity of activities
Insurers question whether certain actions were necessary, such as in-depth analyses or additional medical advice.
Advice for Victims in Westland
- Request a transparent cost estimate in advance.
- Ensure invoices are detailed and specify the work performed.
- Consider a firm that works on a 'no cure no pay' basis.
- Know that your representative can recover costs from the insurer.
- In case of disagreement over reimbursement, the matter can be submitted to the District Court of The Hague.
No Cure No Pay in Westland
Many personal injury firms in Westland use a 'no cure no pay' model, where you pay nothing if the case is unsuccessful.
Different Models
| Type | Explanation | Typical Percentage |
|---|---|---|
| Pure no cure no pay | No success, no costs | 15-25% of the compensation |
| No cure less pay | Lower rate if no result | Dependent on agreement |
| Hourly rate with success fee | Low base rate plus bonus on success | 5-15% extra on success |
Note: In the Netherlands, lawyers are restricted in working on a no cure no pay basis, but non-lawyers have more freedom.
Frequently Asked Questions
Am I responsible for the costs of my personal injury lawyer?
No, normally not. The extrajudicial costs (BGK) are recovered from the liable party or their insurer. For advice, you can contact the Juridisch Loket Westland.