Personal Injury Lawyer is Paid by the Counterparty’s Insurer

Liability and Legal business - How does it work after an accident

Doing business can be done in many ways, good money can also be earned in the legal professions. For example, the profession of lawyer is one of the professions in which you can earn a lot of money, if you do it well from a business perspective. Especially in corporate law you can earn a lot of money as a lawyer if you are good at your job.

Lawyers are available in many disciplines of law. There are lawyers who can help you not only in corporate law or criminal law, but also in the field of personal injury. For example, if you have suffered injuries or complaints because of a collision, dog bite or industrial accident. Victims are then entitled to compensation and can hold the person who caused the accident liable for this. For example, the driver of a car that drove behind. Or an employer if someone is injured in an industrial accident.

In most countries, a personal injury victim must pay his or her personal injury lawyer. But in a number of countries this is different, and the personal injury lawyer is paid by the personal injury insurer of the opposing party. This is the case in the Netherlands, among others. If you need a personal injury lawyer in Amsterdam (Dutch: letselschade advocaat Amsterdam) there, the costs of this personal injury lawyer will be paid by the opposing party’s insurer!

Personal injury lawyer is paid by the counterparty’s insurer

This system applies in the Netherlands as well as in Germany and Austria. But how exactly does this system work and how can you earn money from an accident? We take the Dutch system as an example.

In the Netherlands, the right to free legal assistance in the event of personal injury is included in the law, namely in Article 6:96 paragraph 2 of the Dutch Civil Code. This article paragraph reads as follows:

“The reasonable costs for preventing or limiting damage that could be expected because of the event on which the liability is based, as well as the reasonable costs for determining damage and liability and the reasonable costs for obtaining payment, also qualify as financial loss extrajudicially.”

In practice, this means that if someone is the victim of an accident, not only will the damage be compensated, but possibly also the costs involved in recovering the personal injury. This also includes attorney fees.

The costs of, for example, a personal injury lawyer in Rotterdam (Dutch: letselschade advocaat Rotterdam)” are not paid under all circumstances. These costs will only be paid if the collision or industrial accident is attributable to someone else. So, for example, after a rear-end collision or if an employer has violated its duty of care towards the employee.

The situation in the Netherlands is also special if you are hit by a cyclist. Even if the cyclist makes a traffic error, the cyclist’s injuries will be reimbursed!

Abuse of the legal regulation in the Netherlands

Naturally, the system as it applies in the Netherlands has great advantages. For example, anyone who is a victim of an accident can contact a personal injury lawyer free of charge. You can be sure that your personal injury will be fully recovered.

There is also a downside to the Dutch system and that is that the system can easily be abused. There are hundreds of personal injury agencies that try to earn money in this way. These are personal injury agencies with little or no knowledge of personal injury law. There are real cowboys among them who take advantage of the situation. As a result, personal injury victims often do not receive the personal injury compensation to which they are entitled.

The Dutch system is therefore good, but abuse is lurking.


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