Tips for personal injury
If you've been in an accident, a lot of things will immediately come your way. Naturally, your first focus will be on your injury and healing it as quickly as possible.
But at some point, you realize that your injury also has financial consequences. Not only in terms of extra costs, but you may also start losing income. And then what?
To help you recover your personal injury damages, we offer some important tips. This will help you know what's best for you to receive fair and just compensation.
after reading these tips regarding injury personal ask us for advicefor you free of charge.
Twenty tips for personal injury
- Despite your injuries, ensure that the circumstances of the accident are recorded as clearly as possible.
- If the counterparty is unknown to you, make sure you have his/her name and address and “communication data”.
- If possible, take photos of the scene of the accident and, if possible, the license plate number of the vehicle involved.
- In the event of an injury, do not accept any proposal from the person who caused the damage to settle your claim without their insurance.
- In case of injury, seek medical examination as soon as possible or report your injury to your doctor.
- Keep a written record of your healing process and note down when and which doctors you visited.
- In case of disability, keep track of when you are unable to work or can work less.
- In case of incapacity for work, keep a record of when you visit the company doctor.
- In the event of disability, keep track of which income you do not receive.
- Keep track of all your expenses and note what you incur them for.
- Write down who provides you with help and care, for how many hours, and what you pay for it.
- Note down from whom you receive “informal care” (= help from loved ones for which you generally do not pay anything) and for how many hours.
- Try to keep as much "evidence" of your financial losses as possible (receipts, invoices, bank card statements, but also your own statements).
- Hold the other party liable for your financial damages.
- Do not simply accept a proposal from your counterparty for “debt sharing”.
- Report your additional costs and lost income to the other party and request an initial payment (advance) on your final personal injury compensation.
- Do not accept a buyout offer from your opponent if you have not yet recovered.
- Be careful when giving consent to request medical information.
- If the insurer wants to visit your home, immediately contact a personal injury advocate or ask for advice.
- Under no circumstances should you sign anything without first consulting a personal injury advocate.
Make sure that the situation of the accident is recorded
You can have an accident and sustain injuries for various reasons. It's crucial that you have a clear understanding of how the accident occurred. Below are some examples of common accidents.
Workplace Accident
In the event of a workplace accident, it is important that you immediately notify your employer that you have had an accident and what happened.
Ideally, your employer creates an “internal accident register”. It is also possible that your employer is required Labour Inspectorate to report
Make sure you can clearly describe what happened, and perhaps some of your colleagues witnessed the accident. This is true even if you believe the workplace accident was your own fault.
In case of injury, always report to the emergency response officer and seek medical assistance.
Traffic Accident
After a traffic accident , it is important that you fill out a “European Accident Report Form” (SAF or accident report form).
The accident report is an important form of evidence in your personal injury case, as it contains information about the cause of the accident and the other party.
It is important that you ALWAYS complete an accident report form, even if you think your damages are minor or there are no injuries.
You may not notice any damage with the naked eye. Or you may not feel any pain yet due to the released adrenaline.
But sometimes it takes a few hours or even a night before you notice that you do have physical complaints.
Fill out the accident report form even if you a pedestrian or cyclist . An important tip regarding personal injury!
Bitten by a dog
If you have been bitten by someone else's dog, it is important that you obtain the name, address, and contact details of the dog's owner.
Also ask if they have liability insurance (private liability insurance) and which company it's with. Also ask for the policy number.
From there, direct contact can be made with the dog owner's insurer.
Collision with wildlife.
Have you had a collision with a crossing deer, fox, or wild boar (collision with wildlife)? Then your personal injury is only eligible for compensation if you have SVI insurance (Occupant Damage Insurance).
In that situation, make sure that what happened and the road and location are properly recorded.
If you have SVI insurance, it is always stated on your policy. Do you have a company car? Then you have SVI insurance too!
Provide the counterparty's name and address details
If you don't have the other party's name and address, you effectively don't know who the perpetrator is. This makes it virtually impossible to recover your damages.
In the event of an accident with another motor vehicle, it is still possible to trace the owner, but you must at least have the license plate number of the vehicle that struck the vehicle.
If someone does not want to reveal their identity, you can choose to report it to the police.
Tips for personal injury: take pictures!
Take photos of the accident scene, the vehicles involved, and the damage to the vehicles.
Some overview photos of the accident location are also always useful.
One very important thing is to take a picture of the license plate of the other party.
With the license plate number, we can find out for you one-on-one where the other party's vehicle is insured and we can then contact that insurer directly.
In case of injury, do not agree without insurer
at first glance limited, the other party may propose to settle your (personal injury) damage without his/her insurer.
Never agree to anything. You can't know if the injury will bother you more later than it did initially. So that's never in your best interest.
If your counterparty is a bank for their "no-claims" policy, they can take it up with their own insurer and arrange it themselves. You can stay out of this completely.
Get a medical examination as soon as possible
This tip is the most important of all personal injury tips. Especially for your health! It also plays a role in recovering your damages.
immediately after the accident emergency department , medical evidence regarding your injuries is essentially established “automatically.”
This means the other party's insurance company can no longer claim that you did not, or could not, sustain any injuries as a result of the accident, or that your injuries occurred after the accident.
Unfortunately, these kinds of stances from insurers are becoming increasingly common, especially if your injury has significant financial consequences.
Seeing a doctor immediately not only ensures optimal healing but also provides immediate proof that your injury was caused by the accident.
Track your healing progress
Keep a written record of your healing process and note down when and which doctors you visited.
This is crucial information for the progression of your injury claim. Because so much can happen in a short time after an accident, you can easily forget when you saw which doctor or therapist. And this information is crucial for keeping track of your progress.
It's also important to periodically keep track of how you're doing and any issues you're still experiencing. This way, you can monitor whether your injury situation is improving or not.
Tips for personal injury: keep track of your disability
Keep a close record of when and why you are unable to work.
It's easy to forget this, but it's important to know. Especially if you don't receive your full income during your disability.
Keep track of when you visited the occupational health physician
may your loss of income ask you for the dates on which you visited your occupational health physician.
Tips for personal injury: keep track of the income you are missing
If you are disabled, you may lose incomeor even not receive any pay at all.
Keep a close eye on the periods you are unable to work and the income you are missing as a result.
Your lost income must also be compensated by your counterparty.
Record all expenses you incur and keep track of all damages
Any expenses you incur as a result of your injury must be reimbursed by the other party.
No matter how big or small your expenses are. And whether you have an invoice for them or not!
Make a note of who provides you with help and care
You may be unable to do the things you normally would because of your injury.
This could be in the area of your household, but also in terms of self-care, caring for children and pets, maintaining your garden, assistance with transportation, etc.
If you people for their help or in kind (for example, gifts), this qualifies for reimbursement. Even if you do not have invoices for it.
So keep a close record of who gave you what help and what you paid or gave them for it.
Note down all "informal care"
Informal care (= help from loved ones for which you generally do not pay anything) is also eligible for reimbursement.
You may be unable to do the things you normally would because of your injury.
This could be in the area of your household, but also in terms of self-care, caring for children and pets, maintaining your garden, assistance with transportation, etc.
If you receive assistance from family members, friends, or acquaintances, you are eligible for reimbursement, even if you didn't pay anything for it.
Despite an "emotional relationship," you don't have to do this for nothing. After all, otherwise you would have had to seek commercial assistance, which would have been more expensive for your counterparty anyway.
Collect as much evidence as possible
Top 3 personal injury tips: provide proof. Or at least keep as much record of what you spent on what as possible. Also, try to keep as many receipts, invoices, proof of payment, or bank card statements as possible.
Because in Dutch law, the saying goes: "he who claims, proves." So, in principle, you must be able to substantiate (prove) your financial loss.
So don't throw anything away and keep everything. You never know what might come in handy later.
Hold the other party liable
The first step to recover compensation for your personal injury is to hold the other party liable.
It's important not to wait too long. In some cases, your right to personal injury compensation expires after just one year. But usually, you can continue to claim compensation for at least three years after the accident.
But precisely because of your evidentiary position or that of your counterparty, it's better not to wait too long before holding someone liable. After all, the more time passes, the harder it will be to retrieve the relevant data.
Liability claims are complicated enough in themselves. At least, if you want to handle it properly from the start and avoid the risk of your counterparty denying liability.
Send the notice of liability to the other party, preferably by registered mail. In this letter, you must clearly explain what happened, the financial damage you suffered, and that you anticipate further damage in the future.
You must also explain why you consider the other party legally liable. It is then up to the other party to acknowledge or deny liability.
Have you sustained injuries greater than “a single bruise”? If so, we advise you to contact a personal injury advocate . You can always ask us for advice. This is always 100% without obligation and free of charge for you.
In fact, if we agree with you that the other party is liable, our assistance is 100% free of charge. We guarantee this in writing before we even begin working for you.
Only by engaging a personal injury agency will you have the greatest chance of liability being acknowledged and your personal injury being compensated.
Don't just agree to a debt sharing agreement
The other party may believe you were also at fault for the accident. In that case, they won't want to compensate you for all your injuries, but only for a portion of them. This is called a sharing of blame.
Never agree to this without first consulting a personal injury advocate . Because you can't know whether the other party is right or wrong.
In some cases, you are entitled to compensation even if the accident is (also) your own fault. For example, if you a pedestrian or cyclist participated in traffic workplace accident , or when you were a passenger . Even if your personal injury was caused by a dog or another animal, you may be eligible for (full) compensation despite “your own fault.”
In fact, if you have SVI insurance, your personal injury damages will also be fully compensated if the accident is your own fault. Every policy states whether such insurance is included. Do you have a company car? Then you are automatically covered by SVI insurance and therefore always entitled to compensation. Even if the accident is your own fault.
Is your damage not being fully reimbursed by the opposing party in a single payment? Then be sure to ask us for advice. This is completely without obligation and free of charge for you.
Often, based purely on your own story, we can immediately tell you the situation. You can then decide for yourself what to do with our advice. And if you subsequently wish to have our legal assistance , that is completely free of charge. Promised.
Request an advance payment from the other party on the personal injury compensation
If liability is acknowledged, the liable party must compensate you for your personal injury .
In the Netherlands, this usually takes the form of “advances” on your final compensation, which can only be definitively determined much later.
since the accident occurred expenses 've been incurring losing income. These damages must be compensated continuously until you've fully recovered.
Don't agree to a proposal too quickly
Another important tip for personal injury cases: be careful when dealing with the opposing party's lawyers.
Your opponent may quickly propose your injury a final settlement
That is almost never in your best interest. For at that moment, you cannot yet know whether your injury will fully heal. Therefore, you also cannot know whether all your future costs, lost income , and compensation for pain and suffering have been sufficiently reimbursed with this “settlement.”
Never sign a deed or settlement agreement without first consulting with a qualified personal injury attorney. Otherwise, you risk never being able to revisit the case later.
Is your opponent making you an offer to settle your personal injury claim? Never simply accept it; contact us for advice. It's free and 100% non-binding.
We can tell you exactly what your best course of action is and whether it might be better for you to hire us to represent your personal injury claim. After that, you can decide for yourself what to do with our advice.
And if we continue to assist you with your personal injury claim afterwards? Then that is also completely free of charge. After all, your opposing party must also pay our costs. Separate from your own compensation.
Never accept a "first offer" from the other party, especially if you haven't fully recovered yet. Significant costs could arise without you even realizing it. "Quick settlements" are rarely in your best interest.
One of the most important tips for personal injury claims is: don't let yourself be "snowed under" and maintain a healthy degree of distrust in your dealings with your insurer. The other party's insurer and their experts aren't necessarily there "to help you." They are, after all, your "opposing party," and for good reason.
Be careful with medical information to the other party
In terms of tips for personal injury claims, it is important that you know that you must be careful when signing consent forms for requesting (medical) information from third parties.
You can't know what information the other party is entitled to and what isn't. When it comes to medical information about your accident, the insurance company almost always has a right to this information.
But what if you suffer an injury with lasting symptoms? And your financial losses quickly mount, especially if there's also a loss of income?
In such a situation, the opposing party's lawyers sometimes have a tendency to pay (too much) attention to your medical history.
Didn't you already have these symptoms before the accident? Or wouldn't you have had the same symptoms even without the accident?
Not all medical information is relevant, especially not that about your medical history. Yet, it still happens (too) often that the opposing party wants this information. This means you run the risk of this information being used against you when determining your personal injury damages.
So never simply give permission for medical information to be requested. Does the insurance company want to request medical data? Does it also want information about your medical history? Always ask for advice first. This is completely free of obligation. We can tell you exactly what information your counterparty is entitled to and what information they are not. Then you'll know, and you can decide for yourself what to do with our advice.
And if we jointly conclude that it is better for you for us to assist you further with your personal injury claim, then our assistance is completely free of charge for you. After all, the opposing party must also pay our costs, separate from your own compensation. This is regulated by law (Article 6:96).
If the insurer wants to visit you at home
This tip for personal injury claims is also important! Often, the other party will want to visit you soon after the accident. This is especially true if your injuries are more serious and there's a risk of financial damage that could escalate (quickly).
This is common practice and there's nothing inherently wrong with it. This allows the other party to get to know you and obtain further information about your injury, work situation, personal circumstances, and financial losses.
At the same time, you run the risk that the other party will ask for more information than they are actually entitled to. Information that is often not relevant, and which exposes you to the risk that it will be used against you at some point.
Your counterparty naturally has a different financial interest than you. You're the one who suffers financial loss, and your counterparty is obligated to compensate you for it.
If the other party would like to visit you or schedule a phone appointment, please contact us immediately for advice.
We can tell you exactly what the liable party can and cannot ask of you. We can also advise you on what you should be aware of and what you should ask the other party yourself.
Our advice is completely free and without obligation. So don't worry about that.
In fact, if we jointly come to the conclusion that it would be better for you to seek our legal assistance, we will immediately guarantee that our assistance will be completely free of charge.
Our costs must also be reimbursed by the other party. This is separate from your own compensation. Because it's never in your best interest to engage in discussions with the other party alone and without a qualified advocate. Only with the right advocate can you be sure the discussion will end well for you. And that costs you nothing!
Do not sign anything without the advice of a personal injury advocate
Of all our tips on personal injury, this one—as "general" as it sounds—is actually one of the most important! And it was actually mentioned in our previous tips on personal injury as well.
Do not sign or agree to anything without advice seeking qualified advocate.
Otherwise, you run the risk of things happening that are not in your best interest, especially if it looks like your injury won't heal within a relatively short time and your financial losses will increase.
Feel free to ask us for advice. It's free and without obligation. Because of our extensive experience with personal injury claims, we can always tell you immediately what's in your best interest and what's best for you. Afterward, you can decide for yourself what to do with our advice.
And if you'd like us to help you further assess and settle your personal injury claim, we'd be happy to do so. And completely free of charge.
Our costs must also be reimbursed by the other party, separately from your own compensation.
You have the right to fair and just compensation
Personal injury compensation is not an “extra” or something that will “benefit you.” You are simply entitled to it, and you desperately need your compensation, regardless of the size or extent of your personal injury .
Be sure to follow our tips for personal injury claims and ask us for advice. It's in your best interest!
Our advice is always without obligation and free of charge for you. In fact, our legal assistance is also always 100% free of charge for you.
Our costs must also be reimbursed by the other party, separate and apart from your own compensation. And rest assured: before we even begin working for you, we'll give you a written guarantee that our assistance will cost you nothing. We promise!
You can call us or send us a WhatsApp message. Would you rather write down what happened and what you have questions about first? That's fine too, just use the form on our website. Whatever works best for you.
We offer honest and expert advice. You can count on that!
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
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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).
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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.
Stories from the field
I received excellent help with my personal injury claim and it cost me nothing!
One Sunday, I was hit by a car. A car didn't give me the right of way and hit my right leg. I fell off my bike and immediately knew something was wrong.
The ambulance took me to the hospital. I had to have surgery right away. Pins and plates in my leg, almost a year of rehabilitation, but it never fully recovered.
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