Personal injury traffic accident
On October 5, 2011, a man was involved in a traffic accident that left him seriously injured. He suffered from medical problems, including psychological issues.
Reaal Insurance has admitted liability and hired an agency to represent its interests. Fortunately, the man is also being assisted by an advocate.
Man's company goes bankrupt
The man was self-employed and the director of a transport company. Unfortunately, he was no longer able to do so after the accident. Reaal, as the judge put it, "invested" in supporting and replacing the man in his company, and other reintegration options. Unfortunately, all this was to no avail, as the man's company went bankrupt in 2012. It was subsequently acquired by another company.
A lot of medical research and fuss: the man therefore puts the coaching trajectory on hold for a while
Reaal is represented by an expert agency it engaged. In consultation with the man's advocate, an occupational expert was engaged to assess the man's potential employment.
Subsequently, at least three forms of psychological/psychiatric examination will take place between 2012 and 2013, and an advisory report on the Assessment of Work will be issued.
During one of the consultations of a subsequent coaching program, the man told the psychologist that he was finding it difficult to divide his attention between several areas of concern. In consultation with the treating psychologist, the decision was made to (temporarily) halt the coating program pending the conclusion of the personal injury claim.
The insurer will not accept this ..
Reaal responds, accusing the man of "creditor default," as he failed to fulfill his "damage mitigation obligation." As a result, Reaal unilaterally terminates all negotiations and also stops making further advance payments for the personal injury damages.
Man goes to court
The man, understandably, doesn't accept this and goes to court. He asks the judge to declare that he never violated any obligation to mitigate damages. Therefore, it is unlawful for Reaal to halt negotiations in this way.
The man is right and "hidden agenda insurer"
The judge fully agrees with what the man says. During the hearing, it becomes clear that Reaal blames the man for more than just terminating the coaching program.
It turns out that this last point was merely the breaking point for Reaal. Reaal blames the man for not having done enough to reintegrate into work, contrary to the agreements. According to the reports of both the psychologist and the occupational expert, Reaal believes the man does not want to focus on reintegration until the claims process is completed.
Insurer does not sufficiently substantiate position
The judge finds that Reaal has not sufficiently substantiated that the man violated his duty to mitigate damages. After all, it has not been demonstrated that terminating the treatment with the psychologist in question had any negative impact on (the investigation into) the man's remaining earning capacity, or on the amount of damages.
Insurer ignores results of various studies
The judge finds that Reaal too easily ignores the fact that multiple investigations reveal that the man is also struggling with psychological or psychiatric issues in addition to physical complaints. This makes it difficult for him to focus on multiple cases simultaneously.
This was also reported by the occupational expert, who even stated that:
- the combination of uncertainty regarding the damage process in the personal injury case,
- the disability benefit and
- the frustration about broken agreements and the like,
causing the man to lose perspective and claim to be blocked. The psychiatrist also indicated that the man's symptoms are severe enough to warrant a psychiatric disorder.
Temporary suspension of coaching agreement
In the court's opinion, terminating the coaching program does not necessarily mean that the personal injury damages will be higher. The judge therefore declares that the man did not violate any obligation to mitigate damages, so there are no grounds for Reaal to discontinue negotiations.
Nasty gut feelings…
Reaal argues that the "first cracks in confidence" that the man wanted to work on his reintegration emerged when his company was sold in 2012 following bankruptcy. However, according to the court, the sale cannot be held against the man, as he had not been involved in the sale. Furthermore, the court found that Reaal and the man had already discussed this matter extensively and had left it behind.
Yet another example of the seemingly standard suspicion among liability insurers. Often based on purely emotional aspects ("gut feelings") rather than legally valid arguments. These feelings, in turn, often seem to be the cause of one-sided, very rigorous, far-reaching, and often highly traumatic measures for the victim. Measures and positions that, in this case, ultimately prove to be far from correct. In that sense, this man's feelings and positions are entirely understandable and empathetic.
(Limburg District Court, 1 April 2015, ECLI:N::RBLIM:2015:3104)
What customers ask
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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 if you have suffered an injury (been injured) due to the fault of another person
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 contact us as soon as possible
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 contact us , without obligation
We'll give you clear advice right away . 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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