a|c|d|e|f|g|h|i|j|k|l|m|n|o|p|q|r|s|t|u|v|w|x|y|z
Company Accident
A company accident is synonymous with an industrial accident. See: industrial accident
Representative
In a personal injury case, it is common and advisable to receive assistance from a representative. The representative is the legal professional who advocates for the interests of a victim. He or she is usually a legal professional and preferably a lawyer. The representative assesses the damages and conducts negotiations with the liable party. Should negotiations not lead to a result, the lawyer can initiate legal proceedings.
Tax Guarantee
This is the guarantee given by the liable insurer that the victim does not have to pay tax on the received compensation. The guarantee is given under certain conditions. For example, the insurance company must be immediately informed of any intention by the tax authorities to tax the compensation.
This stands for: Investment Inheritance and other funds for Minors. It concerns a clause on a bank account that ensures the money reaches the (then) minor upon reaching the age of 18. It can also be stipulated that the money may be withdrawn for specific purposes with the permission of the subdistrict court judge.
Burden of Proof
According to the main rule of art. 150 Rv, the burden of proof lies with the party that seeks a specific legal consequence by stating facts. The party invoking a specific legal consequence. This therefore does not mean “he who demands proves”. It can be the case that the claimant does not bear the burden of proof. This is, for example, the case when an employer is held liable for damages resulting from a company accident. If the company states that it has taken all measures to prevent an accident. In that case, the employer is not the claimant, but still bears the burden of proof for this assertion. There can also be a reversal of the burden of proof in certain exceptional cases.
Extrajudicial Costs
These are the costs for assessing and recovering damages. Costs related to legal proceedings are excluded here. It must concern costs for assessing the damages. This includes the costs of the representative of a personal injury victim. This is usually a lawyer. The costs are reimbursed provided they are reasonable. The reasonableness of the costs is primarily assessed against the amount of damages paid to the victim. Certain parties have made agreements with insurers about the costs they are reimbursed. This is called the PIV scale. In cases involving representatives who are not affiliated with the PIV covenant, judges tend to adhere to the PIV scale. Deviations from the scale are possible, but the higher the amount, the better it must be substantiated. This could, for example, involve a substantively complex case where the representative needs to spend a lot of time.
Download the PIV scale:
kostentabel-BGK-2019-Rechtsbijstand.
- Accidents
- Medical errors
- Traffic accidents
- Violence
- Company accidents