If you need a lawyer, this is often expensive. Because a lawyer often has a high hourly rate. However, there are exceptions. One of these is a personal injury lawyer (Dutch: letselschade advocaat) in the Netherlands. For example, if you need a personal injury lawyer in Utrecht (Dutch: letselschade advocaat Utrecht) after a traffic accident, you will not pay this personal injury lawyer anything. We explain below how this is possible.
Dutch law
The right to free assistance from a personal injury lawyer in the Netherlands is included in the Dutch Code. Article 6:96 of the Dutch Civil Code reads:
“Eligible for compensation also includes the reasonable costs of preventing or limiting damage that could be expected as a result of the event on which the liability is based, the reasonable costs of determining damage and liability and the reasonable costs of obtaining payment. extrajudicially.”
In other words, all costs that must be incurred for the recovery of personal injury are eligible for compensation. It is the liable person who must pay these costs. This is often a liability insurance, because most people in the Netherlands are insured against liability. Motorists are even compulsorily insured against liability, just like all other owners of a motor vehicle.
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Danger of free legal aid
It seems like a wonderful system, free legal aid for personal injury claims. But there is also a major drawback to this Dutch system. Because victims of personal injury can make free use of legal assistance, there are also smart entrepreneurs who respond to this need. The result is a proliferation of all kinds of shadowy personal injury agencies that also offer free legal assistance in case of personal injury. As a result, victims of a traffic accident, accident at work or a dog bite often do not receive the right help and therefore do not receive the compensation they are entitled to.
Many of the personal injury agencies even charge double for their services. They receive compensation for their services from the personal injury insurer, but also pass on costs to the personal injury victim.
Personal injury lawyers are having an increasingly difficult time due to the many personal injury agencies. Many entrepreneurs spend considerable amounts of money on beautiful websites and internet marketing. Costs that many law firms cannot afford. The system of free assistance for personal injury claims therefore also causes problems and the quality of legal assistance is deteriorating.
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No cure no pay for personal injury claims
The Dutch system is quite unique in the world. In most countries you simply have to pay for the help of a personal injury lawyer. But the costs of this are enormous. That is why not everyone can afford the help of a personal injury lawyer.
In order to give people the opportunity to enlist help in recovering personal injury claims, many lawyers work on a no cure no pay basis. You only pay the lawyer if the result is positive. If you lose your lawsuit, you will not receive any compensation, but you also do not have to pay your personal injury lawyer anything.
The system in the Netherlands is a great initiative in itself and it also helps people with personal injury claims. You just have to be careful that as a victim of personal injury you do work with the right person.