London Insurance summons personal injury victim
In a case brought before the Amsterdam District Court, it was a liable insurer that summoned the personal injury victim.
Apparently, this personal injury claim was taking too long for London Insurance, and they were fed up. London Insurance is asking the judge in this case to determine ("declare") that London has fully compensated this man for his injuries and that the case should be closed.
The judge awarded the personal injury victim in this case some additional compensation, but essentially ruled in favor of London Insurance..
Whiplash injury after a traffic accident
On September 3, 2009, a man in his car was rear-ended by another car insured by London. London admitted liability.
The man suffered whiplash injuries and visited his GP the day after the accident with neck pain. He was then referred to a physiotherapist, an ENT specialist, and a neurologist. The man also experienced balance and gait problems. He underwent several medical examinations, including MRI scans.
Medical examination (neurological expertise)
As part of the settlement of the man's personal injury claim (whiplash injury), neurologist Prof. Dr. LJ Kappelle was commissioned to examine the man and then report.
The neurologist's report is dated July 13, 2011, and states, among other things:
In response to the question: “What obstacles does the person concerned experience as a result of the accident in activities of daily living, leisure time and professional practice?”:
The person concerned is fully independent in his daily activities. He doesn't mention any specific limitations, but says he tires very quickly after almost any activity that requires any effort. Due to this complaint, he has had to reduce the intensity of his self-employment and has been forced to undergo further training or retraining. An occupational health expert should be consulted for a precise assessment of his ability to perform wage-earning work (...).
In response to the question: "What limitations do you believe exist in your professional field for the person concerned as a result of the accident that should be taken into account in the assessment?":
From a neurological perspective, there is no reason to recommend any restrictions to the person concerned. This, of course, does not mean that the person concerned (the court understands: no) can have any real complaints.
Based on the investigation report, the man suggested to London that he consult an insurance physician to further assess his capacity to work. London declined. Therefore, the man unilaterally commissioned an insurance medical report. However, the judge in this case ignored it.
Personal injury compensation paid by London
Before the case went to court, London paid €1,800 in damages for pain and suffering (non-material damages), €200 in travel expenses and €6,897.66 in extrajudicial costs (personal injury lawyer's fees).
London is going to court instead of the man!
For some reason, London has had enough of this case and is taking legal action. So, insurer London is summoning the personal injury victim!
London simply claims that it should be "declared" that the man no longer has any claim against her for personal injury. She believes she has fully met her obligation to pay damages.
The man's counterclaim
The man disagrees and claims €25,974.03 in damages for personal injury and believes that his loss of earning capacity (income loss) should be calculated separately.
The man's personal injury claim is as follows:
- non-pecuniary damages: €10,000 (including €1,500 interest)
- medical costs (including the insurance medical expertise): € 483.43
- travel expenses for visits to various practitioners and advocates € 275.00
- loss of self-employment €8,921 (of which €5,200 is future)
- household help in the first period after the accident € 442.50
- final payment for extrajudicial costs € 7,122.10
- statutory interest € 750.00
- damages due to loss of earning capacity, to be determined by the state
(Personal injury) claims partially awarded against each other
The court finds that the man does indeed have symptoms resulting from whiplash injury, but that there are no medical limitations. The neurologist was unable to determine these in his area of expertise, nor did he see any reason to consult an expert in another field.
In the present proceedings, the parties also did not request the involvement of an expert in another medical field to further investigate whether the complaints lead to medical restrictions, according to the judge.
Personal injury claim
Against this background, the judge discusses the man's whiplash injury .
non-pecuniary damages
The court finds that the neurologist diagnosed persistent pain, with a 2% permanent disability of the entire person. London must pay damages. All circumstances of the case must be taken into account. The amounts awarded by the court in similar cases are also taken into account.
In this case, the court notes that the man must live with persistent pain. He also suffers (or has suffered) from balance, walking, and movement disorders. However, the court also notes that there are no medical limitations. All things considered, the court considers compensation of €3,000 for non-pecuniary damages to be fair in this case. Taking into account the €1,800 already paid, a sum of €1,200 will be awarded.
medical expenses
Of the claimed amount of €483.43, €450.00 relates to the costs of the insurance physician engaged by the husband. These costs are ineligible because there are no limitations and therefore no reason to engage an insurance physician. The remainder of the claimed amount is, however, ineligible.
travel expenses
Of the €275 claimed by the man, London has already reimbursed €200, so that portion is no longer eligible for an award. Therefore, €75 is awarded.
loss of self-reliance and earning capacity
According to the court, there are no limitations. The judge believes the man has not sufficiently demonstrated that he also suffered such limitations in the period immediately following the accident that he can no longer manage his household. For the same reason, it cannot be established that the man is limited in performing wage-earning work and working independently. This means that London does not have to compensate for this damage.
final payment for extrajudicial costs
This portion of the claim is substantiated by invoices and timesheets. Therefore, London, as the liable party, must reimburse these costs.
statutory interest
This entry is not assignable.
Conclusion
London is still required to compensate the man €8,519.53 for the accident on September 3, 2009, and with that the case is closed.
Have you suffered whiplash injury?
Have you suffered whiplash injuries? Are you also facing problems regarding compensation? Or do you simply need clear advice on your personal injury claim? Then contact us, free of charge and with no obligation. We'll try to let you know immediately where you stand. And if we think we can help, we'll let you know right away.
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When can I claim personal injury damages?
You can claim damages for personal injury 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).
Even if you caused the accident yourself , you can sometimes still claim damages for your injuries. For example, if you SVI (Passenger Injury Insurance) or SVO (Passenger Injury Insurance).
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 we're also happy to help you if someone else has suffered an injury, such as neck injuries, whiplash , back injuries , bruises, sprains, dog bites, temporary injuries, and so on.
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 as soon as possible
Only then can you be sure there's someone who's thinking solely about your interests . Because that's our job: thinking about yours .
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 can't know if that insurer is legally asking too many questions about your health before the accident and which doctors you've seen. You'd rather avoid that, right? So never wait too long to contact a personal injury firm .
It's also likely that you'll quickly incur significant expenses . Or your income may 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 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 think of other very important personal injury damages 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?
Non-pecuniary damages are not, in themselves, a "hard legal term." They are compensation for damages 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 compensation you will receive.
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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