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Netherlands

Personal injury claims in the Netherlands: a unique system!

If you need a lawyer, it’s often expensive. If you hire a lawyer, he is often paid well over 200 euros per hour, which is often very expensive. In most cases, you will have to pay these costs yourself, but in some cases you can hire a lawyer completely free of charge in the Netherlands. This is unique. Because I don’t know of such a system anywhere in Europe, and probably in other parts of the world. But what about free legal help from personal injury lawyers?

Free support from personal injury lawyers

As a general rule, we also pay Dutch attorney’s fees. However, there are government-funded legal aid schemes. These are called additions. When a mandate is given, a lawyer is assigned by the government. By the way, you can also choose this yourself. Also called social advocacy. Not all lawyers participate in this system. Most attorneys simply charge by the hour.

Social lawyers also work only with those below the income limit. Persons exceeding this limit are not eligible for the assistance of a social advocacy attorney.

However, there is one area of ​​law in which everyone is entitled to free legal assistance. That’s personal injury.If you are looking for a personal injury lawyer in Rotterdam (in Dutch this is Support Rotterdam) After getting hit by a car in this city, this lawyer will help you for free. But how can you get a lawyer to help you for free?

Attorney fees are also part of the damages.

In the Netherlands, the right to free legal assistance from a personal injury lawyer is stipulated in Article 6.96.1 of the Civil Code. This article says: “Economic loss is also covered because it includes: Reasonable expenses to prevent or limit anticipated damages as a result of the event upon which liability is based; b. Reasonable expenses to determine damages and liability; and c. Reasonable expenses to obtain payment out of court.

In other words, the cost of legal assistance for out-of-court recovery of personal injury, for example from a personal injury lawyer in Amsterdam (Dutch: Letselschade advocaat Amsterdam) must be reimbursed by the responsible party. Since most people are insured against liability, this is often the insurance company. For example, in the Netherlands all cars are compulsory to have insurance. However, liability insurance for personal injury due to dog bites and collisions between bicycles is also applied.

Risk of free legal assistance in case of personal injury

The Dutch system seems perfect. If you injure someone else or have other complaints because of it, you can seek compensation free of charge with a personal injury attorney. However, this system also has a major drawback.

Because the costs of legal assistance must be paid by the other party, often the insurance company, a myriad of personal injury offices have sprung up over the past decade to handle personal injury claims. Unfortunately, this includes some personal injury specialists who have little or no knowledge. And these agencies are not bound by any regulations and anyone can claim to be a personal injury expert in the Netherlands. As a result, many people are unable to receive adequate assistance from these institutions.

Conclusion

In the Netherlands, if you are involved in an accident through the negligence of another person, you are entitled to free assistance from a personal injury lawyer. However, this system also has drawbacks. In particular, many personal injury offices are incompetent as a result of the free legal assistance system for personal injury claims.

https://nltimes.nl/2023/07/24/claiming-personal-injury-damages-netherlands-unique-system Personal injury claims in the Netherlands: a unique system!

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