The partial dispute procedure offers an efficient way to resolve a specific conflict in a personal injury case. This can help to get stalled negotiations in Westland back on track.
What does a partial dispute entail?
A partial dispute is a legal procedure before the court, aimed at resolving one bottleneck that impedes the settlement of a case:
- Who is liable?
- How much contributory negligence is involved?
- Is there a direct causal link between cause and damage?
- A specific head of damage
Why opt for a partial dispute?
| Feature | Partial Dispute | Full Proceedings |
|---|---|---|
| Duration | 3-6 months | 1-2 years |
| Costs | Limited | Higher |
| Focus | One conflict point | Entire case |
| Court fee | € 314 | € 314 - € 2.277 |
When is a partial dispute appropriate?
A partial dispute is ideal in the following situations:
- There is one clear conflict point
- A decision can advance the case
- The issue requires quick resolution
How does the procedure proceed?
- File a petition with the District Court of The Hague
- The opposing party may file a response
- Hearing for oral explanation
- Ruling by the judge (disposition)
Costs of a partial dispute
In most cases, the costs of a partial dispute procedure are borne by the liable party, even in case of loss, provided the procedure was not unnecessary or unfounded.
Can I appeal a partial dispute ruling?
Direct appeal is not possible. You can challenge the decision in full proceedings.What if the insurer does not pay after the ruling?
You can initiate full proceedings or take enforcement measures if the ruling imposes a payment obligation.Is a lawyer necessary for a partial dispute?
It is not mandatory, but advisable due to the legal complexity. Contact the Juridisch Loket Westland for advice.Frequently asked questions about partial disputes in Westland
When is a partial dispute procedure suitable for my personal injury case?
A partial dispute is a good option if one specific issue, such as liability or a head of damage, is blocking the case. It is particularly helpful if other points have already been settled and a quick ruling can advance the negotiations.
How do I start a partial dispute and what does it cost?
You file a petition with the District Court of The Hague with a clear description of the conflict. The costs include the court fee (€ 314) and any legal assistance. These are often reimbursed by the opposing party, unless your petition is unfounded.
Can a partial dispute determine the amount of non-pecuniary damages?
Yes, a partial dispute can specifically concern non-pecuniary damages. If you and the insurer disagree on the amount, the judge can rule on it, which can expedite the rest of the case.
What if I lose the partial dispute?
If you lose, the ruling on that specific point stands. Direct appeal is not possible, but you can challenge it in full proceedings. Consult a lawyer about the feasibility.
How quickly will I get a decision in a partial dispute?
On average, a partial dispute takes 3 to 6 months, much shorter than a standard procedure of 1 to 2 years. The exact time depends on the case and the court schedule.
Is the insurer required to cooperate?
Yes, the insurer must participate and may file a defense. Failure to cooperate can harm their position in the case.
What are the risks of a partial dispute?
The main risk is an unfavorable ruling on the conflict point. Costs may also not be reimbursed if the judge finds the procedure superfluous. Ensure good legal advice, for example via the Juridisch Loket Westland.