In personal injury cases in Leiden, the costs of legal assistance are often borne by the liable party. This concerns extrajudicial costs (BGK), where determining an appropriate reimbursement regularly leads to discussion.
Definition of Extrajudicial Costs
Extrajudicial costs comprise the expenses incurred to obtain compensation without court intervention.
Elements of BGK
| Element | Examples |
|---|---|
| Legal assistance | Lawyer, personal injury specialist |
| Medical expertise | Medical consultant, additional diagnosis |
| Expert reports | Vocational expert, financial analyst |
| Administrative tasks | Collecting documentation, communication |
Assessment via Double Reasonableness Test
The reimbursement for BGK is tested using the double reasonableness test.
Key Questions
- Were the costs necessary? Were the performed tasks essential and appropriate to the nature of the case?
- Are the cost amounts reasonable? Do the rates and hours correspond to prevailing market prices?
Rates and Hourly Fees in Leiden
The level of rates remains a much-discussed topic in personal injury cases.
Standard Rates
| Specialist | Average hourly rate | Remarks |
|---|---|---|
| Personal injury lawyer | €200 - €350 | Including overhead costs |
| Personal injury expert | €150 - €250 | Without lawyer's authority |
| Medical specialist | €150 - €200 | Specialized physician |
| Vocational specialist | €100 - €150 | Fixed price per report possible |
| Financial expert | €150 - €250 | Damage calculation |
PIV Scale Guideline
The Personal Injury Institute of Insurers (PIV) provides a scale as a guideline for BGK reimbursements.
Overview of PIV Scale
| Damage amount | BGK percentage | Maximum amount |
|---|---|---|
| €0 - €5,000 | 25% | €1,250 |
| €5,000 - €10,000 | 20% | +€1,000 |
| €10,000 - €20,000 | 15% | +€1,500 |
| €20,000 - €50,000 | 10% | +€3,000 |
| €50,000 - €100,000 | 8% | +€4,000 |
| > €100,000 | 5% | Decreasing percentage |
Important: The PIV scale is merely a guideline and not a binding rule. In complex cases, higher costs may be justified.
Common Conflicts
In Leiden, BGK often lead to disputes between victims and insurance companies.
Key Discussion Points
Rate height
Insurers often find rates too high. Lawyers and personal injury firms, however, point to market-conform prices recognized by judges.
Number of hours
Insurers claim too much time was spent. Personal injury experts emphasize that the case required it.
Necessity of activities
Insurers dispute the relevance of certain tasks, such as extensive analyses or additional advice.
Advice for Victims in Leiden
- Request a clear cost estimate in advance
- Ensure a detailed invoice for all work performed
- Consider a firm with a 'no cure no pay' arrangement
- Know that your representative can recover costs from the insurer
- In case of disagreement over reimbursement, the matter can be submitted to the court in Leiden
No Cure No Pay in Leiden
Many personal injury agencies in Leiden operate on a no cure no pay principle, where costs are only charged in case of success.
Different Models
| Type | Explanation | Common Percentage |
|---|---|---|
| Pure no cure no pay | No success, no costs | 15-25% of the compensation |
| No cure less pay | Lower rate if no result | Variable percentage |
| Hourly rate with success bonus | Lower hourly rate plus bonus on success | 5-15% extra |
Note: In the Netherlands, lawyers may only work on a limited no cure no pay basis, while non-lawyers have more freedom.
Frequently Asked Questions
Am I responsible for the costs of my personal injury lawyer?
No, generally not. The extrajudicial costs (BGK) are recovered from the liable party or their insurer.
Local Information:
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46