Law

The Dutch Legal Aid System

If you’ve ever had to hire a lawyer, you know that legal assistance from a lawyer is not cheap. An employment lawyer or a lawyer specializing in tenancy law can easily cost €200.00 or more per hour. You could quickly end up spending several thousand euros on a lawyer.

Because the help of a lawyer is too expensive for many people, the “no cure, no pay” system is sometimes used. This essentially means that the lawyer only gets paid if the case is won. However, a percentage of the compensation must then be paid to the lawyer. Because this system is disadvantageous for the claimant, it is banned in some countries.

Free Assistance from a Personal Injury Lawyer: How is That Possible?

Do you live in the Dutch city of The Hague and have a traffic accident or workplace accident there? Then you can hire a personal injury lawyer in The Hague  (Dutch: letselschade advocaat Den Haag) for free. But how is this possible? A lawyer is expensive, right? How can it be that in the case of an accident in the Netherlands, you are entitled to free legal assistance from a personal injury lawyer under certain circumstances?

In the Netherlands, as in other countries, you usually pay for a lawyer yourself. However, there is one exception to this rule in Dutch law. The Dutch Civil Code stipulates that the costs of recovering damages are part of the compensation. In other words, if you incur costs for a personal injury lawyer in Eindhoven (Dutch: letselschade advocaat Eindhoven) , these costs fall under the compensation for personal injury. Because the lawyer’s fees are considered damages, the liable party or their liability insurance must pay the costs of the personal injury lawyer in Eindhoven.

In the Netherlands, the costs of a personal injury lawyer are thus part of the damages. This way, a personal injury lawyer can assist a victim free of charge. This system is unique to the Netherlands. In most European countries, a victim of a traffic accident or workplace accident must pay for their personal injury lawyer themselves. Only in Germany and Austria can a traffic accident victim or other accident victim receive a small compensation from the government or the opposing party’s insurance for the costs of a personal injury lawyer.

What Does a Personal Injury Lawyer Do?

Claiming personal injury compensation after an accident is not easy. You often have to deal with the other party’s insurer. It is not simple to claim compensation from an insurer. Insurers often reject claims. Therefore, it is helpful to have a personal injury lawyer assist you in recovering your damages.

First, a personal injury lawyer will hold the other party liable for your personal injury. This is done through a letter of liability. This letter outlines what happened to you and the injuries you sustained from the accident. It also lists the damages and interrupts the statute of limitations. Additionally, the letter requests that liability be acknowledged and an advance payment be made.

The personal injury lawyer calculates the damages using a statement of damages. This statement includes all applicable damages in your situation, such as medical expenses and loss of income. Compensation for pain and suffering is also included in the statement.

Finally, the personal injury lawyer will negotiate the amount of compensation with the personal injury lawyer from the insurer, bringing the personal injury case to a conclusion.

Copyright © 2024 California Business Journal. All Rights Reserved.

Leslie Irving, California Business Journal

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