When negotiations regarding personal injury do not lead to a solution, a substantive proceeding at the court in Leiden may be necessary. This is a full legal proceeding in which the judge makes a final ruling.
When to opt for substantive proceedings?
Substantive proceedings are initiated when an amicable settlement proves impossible.
Reasons to litigate
| Reason | Explanation |
|---|---|
| Disputed liability | The insurer refuses to acknowledge liability |
| Disputed causal connection | The link between the injury and the accident is not accepted |
| Dispute over amount of damage | No consensus on the compensation |
| Risk of prescription | Proceedings to prevent prescription |
| Important legal question | A legal principle must be established |
Competent court in Leiden
The competence of the judge is determined by the amount of the claim.
Judicial competence
| Claim amount | Competent authority | Procedure type |
|---|---|---|
| Up to €25,000 | Subdistrict Court judge | Simpler, no lawyer required |
| More than €25,000 | District Court of The Hague, Leiden location | Lawyer necessary |
| Appeal | Court of Appeal | Lawyer mandatory |
| Cassation | Supreme Court | Special cassation lawyer required |
Course of substantive proceedings
A legal proceeding involves several stages.
Steps in the procedure
- Summons: official start with the claim and substantiation
- Defence: response from the defendant
- Reply: claimant's response to the defence (not always)
- Rejoinder: defendant's counter-response (not always)
- Preliminary hearing: oral hearing, often with settlement proposal
- Evidence: witness statements, expert reports
- Plea: additional explanation (optional)
- Judgment: final decision by the judge
Time and costs in Leiden
Substantive proceedings require both time and financial resources.
Duration
- First instance: 1 to 3 years
- Appeal: additional 1 to 2 years
- Cassation: another 1 to 2 years
- Total across all instances: 4 to 7 years
Financial burdens
| Type of costs | Estimate |
|---|---|
| Court fees | €314 to €4,200 (depending on the case) |
| Lawyer costs | €10,000 to more than €50,000 |
| Expert costs | €3,000 to €15,000 |
| Personal expenses (travel, leave) | Depending on situation |
Court costs in a case
The losing party is often ordered to pay the court costs, but this reimbursement covers only a fraction of the actual costs.
Liquidation tariff
The reimbursement for court costs follows the liquidation tariff, with fixed amounts per act. This usually compensates only 10-30% of the actual lawyer costs.
Who must prove what?
In personal injury cases, the burden of proof is distributed as follows.
Distribution of burden of proof
| Element | Burden of proof with |
|---|---|
| Tort | Claimant (victim) |
| Extent of damage | Claimant |
| Causal connection | Claimant |
| Contributory negligence | Defendant (causer) |
| Force majeure | Defendant |
Settling during the case
Many personal injury cases still end in a settlement during the proceedings.
Moments for settlement
- Immediately after summons, before the defence
- During or shortly after the preliminary hearing
- After an expert report
- In the appeal phase
- Even during cassation
Judges often encourage a settlement to avoid the uncertainty of a judgment.
Practical advice
- View proceedings as a last resort; first seek alternatives
- Keep all evidence of damage well documented
- Select a lawyer with expertise in personal injury in Leiden
- Be prepared for a long procedure and emotional impact
- Remain open to a settlement, even during the case
- Inquire about options for subsidized legal aid via Juridisch Loket Leiden (Stationsweg 46)