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Under Dutch law in the Netherlands, a simple personal injury case takes on average a few months to a year. A complex case involving severe injury often takes several years (an average of 2 to 5 years) and a lot of time. The final payout takes place after a final medical state has been reached and the settlement agreement is signed. However, you do not have to wait until the end for your money.
As soon as the opposing party acknowledges liability, we immediately claim advances for you. This ensures your ongoing costs and lost income during medical treatment are compensated. You can then focus entirely on your recovery.
Do you want to know exactly where you stand and how quickly we can arrange an advance for you? Take the free Quickscan and within 5 minutes you will know if you have a case. You can also directly use our contact form. Our firm takes your case off your hands free of charge. Your case will be handled personally by mr. Patrick Nobel and the liable opposing party pays our costs. Do not wait too long, as evidence can disappear.
How long does a personal injury case take and which factors play a role?
The processing time of your personal injury case depends on the specific circumstances of your accident. In practice, our firm sees that the following factors influence the duration the most:
The acknowledgment of liability Before any payout is made at all, the opposing party must be held liable. If the liable insurer acknowledges fault immediately, this saves a lot of time. Does a discussion arise about the question of guilt? Then this process takes longer.
Reaching the final medical state This is the most important factor for the duration of your case. A case can only be finally settled when you are fully recovered. Or if doctors determine that further improvement or deterioration is no longer expected. We call this the final medical state. If you close the case too early, you miss out on personal injury compensation for future damages.
The attitude of the insurer Some insurers cooperate smoothly. Others try to delay the case or argue over every item of damage. An experienced personal injury lawyer acts decisively and enforces a good pace.
The process: from holding liable to personal injury payout
To understand when you will receive money, it is important to know the phases of a personal injury case. Our firm guides you through this entire process and provides you with clear advice.
First, we formally hold the opposing party liable. As soon as liability is established, the medical process starts. We engage an independent medical advisor to map out your injuries. At the same time, we make an initial estimate of damages. In doing so, we look at all the costs you would not have incurred without the accident.
During your recovery, we negotiate with the insurer about the payment of advances. Only when your medical situation is stable do we draw up the final statement of damages. We negotiate firmly with the insurer about the final payment. As soon as we reach an agreement, this is recorded in a settlement agreement.
Advances on your personal injury compensation during the case
You do not have to wait for the final settlement to get your damages compensated. As soon as liability is acknowledged, you are entitled to interim payments. We call these personal injury amounts advances.
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These advances are crucial. They prevent you from getting into financial trouble because you are temporarily unable to work. Our firm immediately demands an advance from the insurer as soon as liability is established. As the case progresses, we claim additional advances. These are settled with the final payout at the end of the case.
What is the settlement of a personal injury case?
The settlement is the moment when the final amount of your total compensation is determined. This only happens when your medical situation has been fully mapped out. The agreements are recorded in writing in a settlement agreement.
After signing this, the insurer pays out the remaining damage amount. The case is then legally closed. Do you have doubts about a proposal from another party? You can always come to us for a second opinion. We work according to the highest quality standards, comparable to the Nationaal Keurmerk Letselschade.
What does the law say about the duration and payout?
The legislator has established various rules that influence the processing time and the payout of your personal injury.
Liability as the basis for payout Before any payout is made, liability must be established. This is regulated in art. 6:162 BW (tort). In traffic accidents involving pedestrians or cyclists, art. 185 WVW 1994 offers extra protection. There must also be a causal link between the accident and your damages, as determined in art. 6:98 BW.
Estimation of damages According to art. 6:97 BW, the judge estimates the damages in the manner that is most in accordance with their nature. Because the extent of personal injury often only becomes clear over time, this explains why a case can take a long time.
Statutory interest in case of delay If the insurer pays too late, you are entitled to statutory interest on the compensation. This is laid down in art. 6:119 BW.
Limitation period You do not have infinite time to claim your damages. Art. 3:310 BW stipulates that a legal claim expires after five years. Our firm interrupts this limitation period in a timely manner.
Free legal aid Based on art. 6:96 BW, the reasonable costs for determining damages and liability are eligible for compensation. The liable opposing party pays the costs of our firm.
Duration and payout: what does the judge say?
The Hoge Raad (Dutch Supreme Court) has made rulings in various judgments that directly affect the duration and the payment of advances.
Settling too early is careless In ECLI:NL:HR:2017:2621, the Hoge Raad ruled on the professional liability of a lawyer. The court of appeal had ruled that the lawyer had fallen short by concluding a settlement agreement without a medical reservation. A case must not be closed hastily if the medical future is still uncertain.
Recovery of advances in case of fraud In ECLI:NL:HR:2022:1375, the Hoge Raad rejected cassation complaints about the recovery of advances. An insurer was allowed to reclaim paid advances because an investigation had revealed a reasonable suspicion of fraud.
Amounts and advances during the term
During the term of your case, we claim advances to cover your financial damages. How high these advances are depends on your concrete damages at that time.
| Phase of the case | Type of payout | Indication of the moment |
|---|---|---|
| Immediately after acknowledgment of liability | First advance | Within a few weeks |
| During medical recovery (monthly/quarterly) | Additional advances | Continuous, depending on costs incurred |
| After reaching final medical state | Final payout (minus advances) | 14 to 30 days after signing settlement agreement |
What can you claim during the term?
When it comes to personal injury, many victims only think of pain and suffering compensation (smartengeld). The actual damage is often much more extensive. During the term of your case, we map out all items of damage.
| Item of damage | What is it? | Why often forgotten? |
|---|---|---|
| Medical costs | Deductible, physiotherapy, medication | People think health insurance covers everything |
| Loss of earning capacity | Missed income due to (temporary) incapacity for work | Allowances and bonuses are often overlooked |
| Domestic help | Compensation if you cannot clean or cook | Insurers rarely offer this spontaneously |
| Travel costs | Trips to the hospital, physiotherapist, or our office | Small amounts that add up significantly over time |
| Loss of self-sufficiency | Chores in and around the house that you can no longer do | Victims often do not know this is a claimable item |
| Pain and suffering compensation | Compensation for pain, sorrow, and loss of joy in life | Difficult to calculate yourself without legal knowledge |
Our firm ensures that no item of damage is overlooked. Do you want to know exactly what you can claim? Take the free Quickscan or contact us directly.
Why our personal injury lawyer monitors the processing time
A personal injury case can be an exhausting process. Insurers have the time and the resources, and sometimes they use delaying tactics. If you negotiate yourself, you lack the legal means to exert pressure.
Our firm, led by specialized LSA lawyer mr. Patrick Nobel, takes this over from you completely. We monitor the limitation periods and enforce advances. We wait with the final settlement until your final medical state is clear. And most importantly: based on the law, the liable opposing party pays our costs. You run no financial risk whatsoever.
Frequently asked questions about the duration and payout of personal injury
Can I already get money before my personal injury case is fully completed?
Yes. As soon as the opposing party has acknowledged liability, we immediately claim an advance for you. With this, you can pay your ongoing costs, such as medical bills or a drop in your income.
What happens if I never fully recover?
If you continue to have permanent complaints, a medical advisor will determine that there is a final medical state with a percentage of permanent disability. We then calculate your future damages and include this in the final payout.
How long does payout take after signing the settlement agreement?
As soon as the settlement agreement is signed by both parties, the money is usually in your account within 14 to 30 days. We strictly record this payment term in the agreement.
Why does my personal injury case take so long?
The duration strongly depends on your medical recovery. A case can only be finally settled when you are fully recovered or when a final medical state has been reached.
What does it cost to engage your firm?
For you, our help is free of charge. The law (art. 6:96 BW) stipulates that the liable party must reimburse the reasonable costs for legal assistance. We recover our costs directly from the insurer of the opposing party.
Sources
| Source | Type | Date | Explanation |
|---|---|---|---|
| Art. 6:96 BW | Legislation | Current | Regulates the compensation of extrajudicial costs, which forms the basis for free legal aid. |
| Art. 6:119 BW | Legislation | Current | Determines the right to statutory interest in case of delay in payout. |
| Art. 3:310 BW | Legislation | Current | Regulates the limitation period of five years for a legal claim for compensation. |
| Art. 6:97 BW | Legislation | Current | Stipulates that the judge estimates the damages in a manner that suits their nature. |
| Art. 6:162 BW | Legislation | Current | The legal basis for liability from tort. |
| Art. 185 WVW 1994 | Legislation | Current | Regulates the liability of motor vehicles in traffic accidents. |
| Art. 6:98 BW | Legislation | Current | Regulates the causal link between the event and the damages. |
| ECLI:NL:HR:2017:2621 | Case law | 13-10-2017 | Hoge Raad rejects (art. 81 RO) complaints against the ruling that a lawyer is liable for concluding a settlement agreement without a medical reservation. |
| ECLI:NL:HR:2022:1375 | Case law | 07-10-2022 | Hoge Raad rejects (art. 81 RO) complaints against the ruling that paid advances may be reclaimed after a lawful fraud investigation. |