Direct Action in the Procedure: From Summons to Judgment in Westland

# Direct Action in the Procedure: From Summons to Judgment in Westland In Westland, the heart of Dutch greenhouse horticulture with greenhouses in Naaldwijk, Monster and Kwintsheul, direct action for injury due to work accidents or traffic incidents requires a structured procedure. After evidence gathering, you target the insurer via the **summons procedure** at the **district court judge in The Hague**, who has jurisdiction over Westland cases. ## Steps in the Procedure 1. **Registered demand letter**: Send a formal letter with damage calculation, evidence and reference to local incidents such as greenhouse accidents, addressed to the insurer. 2. **Summons**: Have a bailiff in Westland or The Hague serve the summons on the insurer (article 114 Rv). 3. **Hearing of parties**: Parties present their defense in The Hague; mediation via local legal aid such as the Juridisch Loket in The Hague is often successful in Westland cases. 4. **Conclusion and judgment**: The judge awards a decision up to the insured amount, taking into account regional employment contracts. ## Evidence and Expertise Essential are medical reports from the ADRZ in Naaldwijk, appraisal reports for horticultural materials and witness statements from Westland colleagues. The insurer must respond within a reasonable term, especially in common greenhouse horticulture accidents. In personal injury cases, the **Wibaut norm** applies for non-pecuniary damages. Costs: court fee approximately €85-€500 at the District Court of The Hague, plus lawyer's fees which are recovered from the counterparty (article 6:96 BW). Success rate is high with clear liability in Westland, but in case of dispute, an expert report via the NMI may be required. Prepare for incident seasons for advances, with support from local trade unions such as FNV Agro in Poeldijk. (248 words)