Privacy Statement version May 2018
The nature of our business activities requires us to process certain personal data. In this privacy statement, Van der Toorn Personenschade BV (“Van der Toorn Personenschade”) informs you about how Van der Toorn Personenschade, as the data controller, handles your personal data. Van der Toorn Personenschade processes all personal data made available to it or collected by it with the utmost care.
- What personal data do we process?
"Personal data" means any information that can (indirectly) identify or make identifiable a natural person ("data subject"). The personal data we may process about you includes:
- Name, full first name(s), initials, title and/or gender;
- Address and place of residence;
- Email address, (mobile) telephone number, fax number;
- The company you work for and/or your position;
- Additional personal data such as proof of identity, date of birth, nationality and marital status;
- Financial information, such as your bank account number and/or income data and/or tax data;
- The IP address of the device you use to visit our website;
- Application data;
- Any other personal data that we obtain from or about you or that we may request ourselves and that we use for the purposes stated below.
Special personal data
After obtaining your consent, we collect information about your health, such as information from treating physicians and therapists, as well as advice from medical advisors and examining physicians, in order to determine and substantiate your medical damages (personal injury) and to recover them from a liable party. We use your Citizen Service Number (BSN) to verify your identity and, with your consent, to pass this information on to the liable (third-party liability) insurer.
- How do we obtain personal data?
We obtain your personal data if you provide it to us, for example, when you request us to handle your case, when you visit our website, fill out a form on our website, apply for a job with us and/or enter into employment with us, request a quote from us, or when we have (telephone) conversations with you, WhatsApp, text messages, chat via the website, and/or email contact with you. We also receive personal data and special personal data from, for example, a professional liability and/or legal expenses and/or disability insurer, and/or a liable party in person and/or their liability insurer, and/or any third parties engaged by the aforementioned parties and/or professional and/or trade association(s), for the purpose of handling your case. We also draw information from public sources and/or websites.
- What do we process personal data for?
We process personal data for the purposes of our services and collaborations. Specifically, we process your personal data for the following purposes:
- Handling of personal injury files
We process data necessary for the preparation, execution and completion of personal injury files.
- Compliance with legal obligations and (professional) rules
We process personal data to comply with legal obligations and professional rules applicable to us, such as identification, data control, administrative requirements and/or retention periods.
- Job applications
When you apply for a job, we receive your personal data. We retain this data for a maximum of four (4) weeks after the end of the application process, unless you have given us explicit permission to retain the data for a longer period. In that case, we retain the data for a maximum of one (1) year after the end of the application process. By doing so, you enable us to contact you in the future regarding a new suitable vacancy.
- On what grounds do we process personal data?
We only process your personal data if there is a legal basis for doing so, namely:
- for the performance of an agreement;
- due to a legal obligation;
- with your consent;
- because of a legitimate interest.
- Who do we share personal data with?
To carry out the assignment, we may need to share your personal data with third parties, such as insurers or counterparties. We may share personal data in the following cases:
- To provide our services;
- To comply with legal obligations;
- When engaging external suppliers such as our IT supplier.
If a third party processes your personal data as a processor for Van der Toorn Personal Injury, we will enter into a data processing agreement with that party in accordance with the requirements of the GDPR. If a party is an (independent) controller, they are also responsible for processing the relevant data and for compliance with the GDPR.
- How long do we retain personal data?
Van der Toorn Personal Injury adheres to the statutory retention periods. In any case, we do not retain your personal data for longer than is necessary for the purpose for which we process it.
- How is personal data secured?
Van der Toorn Personal Injury has taken appropriate technical and organizational measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification of your personal data.
If you have specific questions about the security of your personal data or if you suspect misuse, please contact us at (info@letselschadebureau.nl).
- What rights do you have?
You have the right to access, modify, and delete your personal data. You also have the right to data portability. This means you must be able to easily receive your data and share it with other organizations.
To access, delete, or correct your personal data, or to exercise your right to data portability, please email us atinfo@letselschadebureau.nl. Van der Toorn Personenschade may ask you to identify yourself with a valid ID before processing your request. We will respond to your request in writing within four (4) weeks.
- Contact
If you have any questions or complaints about our data processing, please report them as soon as possible viainfo@letselschadebureau.nl. We hope to be of service to you as best as possible. You can also file a complaint with the national supervisory authority, the Dutch Data Protection Authority. You can do so via the following link:https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons.
- Changes to the privacy statement
The rules regarding the protection of personal data and our services may change. Van der Toorn Personal Injury therefore reserves the right to make changes to this privacy statement. The most current privacy statement can always be found at (https://letselschadebureau.nl/disclaimer/). This statement was last modified on May 25, 2018.
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
What customers ask
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
upfront written cost guarantee with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
When can I claim personal injury damages?
You can claim damages for personal injury due to the fault of another person injury (been injured)
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to as soon as possible contact
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to without obligation us
We'll give you right away advice clear. Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
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