A preliminary expert report is a legal procedure to obtain an independent report from an expert outside of a full court case. This can be useful to assess the viability of a case or to get stalled negotiations back on track.
What does a preliminary expert report entail?
The preliminary expert report is a process in which, via a petition to the court, an expert is appointed to answer specific questions. The resulting report can serve as a basis for negotiations or a subsequent legal proceeding.
Legal basis
This procedure is laid down in articles 202 to 207 of the Code of Civil Procedure (Rv). It falls under provisional evidence measures, similar to the preliminary witness examination.
When is it applicable?
Requesting a preliminary expert report can be useful in various scenarios.
Practical situations
| Circumstance | Objective |
|---|---|
| Dispute over causal relationship | Confirm relationship between injury and incident |
| Conflict over medical condition | Objective assessment of limitations |
| Disagreement over permanent disability | Establish percentage of disability |
| Stagnation in negotiations | Force a breakthrough with a neutral opinion |
| Analysis of chances of success | Assess whether a case is viable |
How does the procedure proceed?
The process for a preliminary expert report starts with a petition filed with the court, such as the District Court of The Hague, Leiden location.
Key steps
- Submit petition: with a clear substantiation of the interest and the questions to be posed
- Response from opposing party: they may file objections or suggest additional questions
- Hearing: a court session for oral explanation
- Decision: the judge determines whether the petition is granted and which questions are posed
- Appointment of expert: after agreement on the selected person
- Advance payment: the applicant pays an advance on the costs
- Analysis: the expert conducts the investigation and prepares a preliminary report
- Feedback moment: parties can respond to the draft
- Final report: the expert finalizes the report
What are the costs?
The costs for a preliminary expert report can add up significantly and are often paid upfront by the petitioner.
Cost overview
| Type of cost | Estimate |
|---|---|
| Court fees | €314 (2024 rate, individual) |
| Expert costs | Between €2,000 and €10,000 or higher |
| Lawyer costs | €2,000 to €5,000 |
Important note: The applicant initially bears the costs of the expert. In a favorable judgment, these costs may be recoverable from the opposing party.
Selecting an expert
The selection of a suitable expert is essential for the reliability and usability of the report.
Selection criteria
- In-depth knowledge in the relevant field
- Experience with personal injury cases
- Independence from both parties
- Membership of a relevant professional organization (e.g., NVMSR or LRGD)
- Approval by all involved parties
The importance of the formulation of questions
A carefully formulated question determines to a large extent the value of the report.
Standard IWMD questionnaire
In medical investigations, the IWMD formulation is often used, which includes among others the following points:
- Complaints and limitations of the person involved
- Medical diagnosis
- Causal relationship with the incident
- Hypothetical situation without the incident
- Percentage of permanent disability
- Expected future developments
The legal value
A report from a preliminary expert report has strong evidential value in any subsequent court case.
Significance in proceedings
- The report is binding unless convincingly refuted
- The judge usually follows the expert's conclusions
- Deviation from the report requires strong arguments
- A new investigation is only allowed in exceptional cases
Pros and cons
Advantages
- Neutral and authoritative opinion
- Helps break a negotiation impasse
- Provides insight into the viability of a case
- Often faster than a full court case
Disadvantages
- High costs that must be paid upfront
- Possibility of an unfavorable outcome
- Process can take a long time (sometimes 1-2 years)
- An unfavorable report remains binding
Practical advice
- First consult with the insurer about a joint expertise
- Formulate a question that covers all important aspects
- Select an expert with specific experience in personal injury
- Ensure all relevant medical records are available
- Make use of the opportunity to provide feedback on the draft report
Local information
For cases in Leiden, you can go to the District Court of The Hague, Leiden location