Personal injury damage refers to the damage you suffer due to physical or mental injury caused by another. If the responsible party is liable, you can claim compensation.
What does personal injury damage mean?
Personal injury damage concerns all damage arising from physical or psychological injury. This may be the result of:
- Traffic incidents
- Workplace accidents
- Errors in medical care
- Physical violence or assault
- Defective products
- Incidents in public spaces
What types of damage are there?
| Type of damage | Examples |
|---|---|
| Financial damage | Hospital costs, loss of income, home adaptations |
| Non-financial damage | Compensation for pain, emotional suffering and loss of quality of life |
When can you claim compensation?
You may be entitled to compensation if:
- You have sustained injury
- Another party is responsible for it
- There is a direct connection between that party's action and your injury
- Your claim has not become time-barred
Who can be liable?
Responsible for the damage may be:
- The person who caused the incident
- Your employer (in case of a workplace accident)
- The manager of a public road (in case of an unsafe situation)
- The manufacturer (in case of a defective product)
- A healthcare institution or doctor (in case of a medical error)
The process of a personal injury claim
A personal injury claim is often handled through the liable party's insurance. The steps are:
- Report the incident
- Establish liability
- Determine the extent of the damage
- Negotiate the compensation
- Payment of the compensation
How long does it take to settle a personal injury claim?
This depends on the case. Simple claims can be resolved within a few months, while complex cases with long-term injury can take years. Often, a final medical assessment is awaited.Is a lawyer necessary for personal injury?
It is not mandatory, but advisable. A specialised lawyer or claims handler knows the legislation and helps you obtain appropriate compensation. The costs are often covered by the opposing party's insurer.What if the causer has no insurance?
In traffic accidents, you can claim from the Motor Insurers' Guarantee Fund (Waarborgfonds Motorverkeer). For violent crimes, there is the Violent Crimes Compensation Fund (Schadefonds Geweldsmisdrijven). Otherwise, you can hold the causer personally liable.Frequently asked questions about personal injury in Leiden
How do I know if I qualify for compensation?
You can claim compensation if you have been injured due to another's actions and there is a connection between their action and your damage. This applies, for example, in traffic accidents or errors in care. A personal injury expert can analyse your situation and assist with the claim.
What are the first steps after an accident with injury?
Report the incident immediately to the relevant party (such as an employer or insurer) and ensure an official report, for example from the police. See a doctor for documentation of your injury and keep evidence such as photos and receipts. Engage a lawyer quickly for guidance.
How is the amount of compensation calculated?
The compensation includes financial damage (such as medical costs and lost income) and non-financial damage (such as pain and suffering). This depends on the severity of the injury and the impact on your life. Experts determine the damage together with you, and negotiations with insurers are often possible.
Can I negotiate with an insurer myself?
You may, but a lawyer increases the chance of a fair compensation. Insurers often try to pay out less. A lawyer knows the rules and represents your interests. The costs are usually paid by the opposing party.
What if the responsible party does not pay?
If the opposing party or insurer does not pay out, you can take legal action via a lawyer. Alternatives are funds such as the Motor Insurers' Guarantee Fund (Waarborgfonds Motorverkeer) or the Violent Crimes Compensation Fund (Schadefonds Geweldsmisdrijven), depending on the situation.
Local support in Leiden:
- District Court of The Hague, Leiden Location
- Juridisch Loket Leiden, Stationsweg 46