A preliminary expert report provides the opportunity to obtain an independent report from an expert outside of a full lawsuit. This can be useful to assess the viability of a case or to get stalled negotiations back on track in the Westland region.
What does a preliminary expert report entail?
The preliminary expert report is a legal procedure in which the court appoints an expert to answer specific questions. The resulting report can serve as a basis for negotiations or a future case at the District Court of The Hague, under which Westland falls.
Statutory provision
This procedure is laid down in articles 202 to 207 of the Code of Civil Procedure (Rv). It is a form of preliminary evidence, comparable to a preliminary witness examination.
When is applying for it useful?
Applying for a preliminary expert report can offer a solution in various situations in Westland.
Practical applications
| Circumstance | Benefit |
|---|---|
| Doubt about causal relationship | Confirm relationship between injury and incident |
| Medical uncertainty | Objectively establish limitations |
| Dispute over disability | Determine percentage of permanent disability |
| Stagnation in discussions | Neutral opinion to break impasse |
| Assessment of litigation prospects | Evaluate whether a case is viable |
How does the procedure proceed?
The process for a preliminary expert report starts with a petition to the District Court of The Hague, which has jurisdiction over Westland.
Key steps
- Submit petition: with a clear motivation of the interest and the questions to be posed
- Response from opposing party: they may file objections or propose additional questions
- Hearing: a hearing takes place at the court
- Decision: the judge determines whether the petition is granted and which questions must be answered
- Appointment of expert: after agreement on the expert
- Payment of advance: the applicant pays the initial costs of the expert
- Analysis: the expert conducts the investigation and prepares a preliminary report
- Feedback: parties have the opportunity to respond to the draft
- Final report: the expert finalizes the report
What are the costs?
The costs for a preliminary expert report in Westland can add up considerably.
Cost overview
| Type of costs | Estimate |
|---|---|
| Court fees | €314 (2024 rate, individual) |
| Expert costs | Between €2,000 and €10,000 or more |
| Legal assistance | €2,000 to €5,000 |
Important: The applicant must pay the advance for the expert, but in the event of a favourable ruling, these costs may possibly be recovered from the opposing party.
Selecting an expert
The selection of an expert is essential for the reliability of the report in cases in Westland.
Selection criteria
- In-depth knowledge of the relevant domain
- Experience with personal injury cases
- Impartiality towards the parties involved
- Membership of a recognised professional organisation such as NVMSR or LRGD
- Approval by all parties
Importance of the formulation of questions
A clear formulation of questions determines the relevance of the report for your case.
Standard IWMD questionnaire
In medical investigations, the IWMD formulation of questions is often used, which among other things asks about:
- nature of complaints and limitations
- diagnostics
- causal relationship with the incident
- hypothetical situation without the incident
- degree of permanent disability
- future prognosis
Weight of the report
The report of a preliminary expert report has significant legal value.
Impact in a case
- Binding on parties, unless convincingly refuted
- Judges often base their decisions on the report
- Deviation requires strong argumentation
- A new investigation is rarely approved
Pros and cons in Westland
Advantages
- Neutral and authoritative advice
- Helps resolve negotiation issues
- Provides insight into the chances of success of a case
- Faster than a full court procedure
Disadvantages
- High costs, particularly the advance
- Possibility of an unfavourable outcome
- Process can take a long time (1-2 years)
- Report remains binding, even in the event of a negative outcome
Practical advice
- First consult with the insurer about a joint expertise
- Formulate a question formulation that covers all important aspects
- Select an expert with specific experience in personal injury
- Ensure a complete file with medical data
- Utilise your right to comment on the draft report
For legal support in Westland, you can contact the Juridisch Loket Westland or file a case at the District Court of The Hague.