You have had a traffic or industrial accident and suffered personal injury. In addition to unpleasant memories, pain, and fright, the accident also has financial consequences for you. Consider additional medical costs and the loss of (part of) your income…
Of course, that won’t leave you in the cold. Fortunately, if someone else is responsible for the accident, you can claim your injury from the other party. But the question is of course, how do you do that? To help you with this, Wijs has drawn up a step-by-step plan for you.
Step 1: Collect evidence
Is the accident the other person’s fault? Then it is important to have sufficient proof of this so that you can successfully hold the other party liable.
Evidence in a traffic accident
If you have been injured in a traffic accident, such as a pile-up, a cyclist accident, or a rear-end collision, there are a few pieces of evidence that will help you prove the other party’s fault. As:
- Photos of the accident
- Photos of the means of transport (this makes it possible to determine exactly how the accident occurred)
- Witness statements
- A police report
- Completed claim forms
In the event of a traffic accident, you must prove that the other party acted unlawfully, as they say. Evidence increases the chance that the other party is liable for your damage.
Evidence in the event of an industrial accident
Has an industrial accident happened to you?
Then it is a good idea to inform the employer of this. In any case, ask for a copy of the accident form. Also, inquire whether the accident has been reported to the labor inspectorate.
Other than that, you don’t need any concrete evidence. You only have to prove that an accident happened to you during working hours and that you have suffered personal injury as a result. As a rule, the employer is almost always liable in the event of an industrial accident.
Step 2: Get reliable legal help
Claiming personal injury is a complicated process. There’s a lot involved. Different parties, complex legal regulations, and a lot of paperwork.
Moreover, you need your time and energy for your recovery. After all, that is the most important thing! That is why we recommend that you hire an experienced and reliable personal injury lawyer who knows exactly what to claim in the event of personal injury.
Do it yourself?
Of course, you can also claim personal injury yourself. But keep in mind that this can be quite complicated. Moreover, personal injury often includes not only damage for the present but also for the future. Medical advice is often also required to properly assess the full extent of personal injury.
Step 3: Hold the other party liable
After collecting evidence and seeking legal assistance, it is important to hold the other party liable. You do this by letter. The personal injury lawyer will take care of this work for you.
Who is the opposing party?
Have you had a traffic accident? Such as personal injury from a bicycle accident? Then you contact the insurer of the vehicle or the person himself.
Is it an industrial accident? Then you hold the employer liable. This can be a difficult step. Naturally, you want the relationship between you and the employer to remain good. At Wijs Letselschade we pay a lot of attention to this during the personal injury process.
Do not wait too long!
Please note: it is wise not to wait too long before filing a personal injury claim. A personal injury case may expire. This means that you are no longer entitled to compensation. And of course, you want to prevent that!
Step 4: Make an overview of the damage
Then list the costs you have incurred and will continue to incur. This also includes your missed (future) income. This way you create an overview of what you can claim in the event of personal injury. After all, you want to claim all the personal injury claims you are entitled to!
What can I claim for personal injury?
- Damage to items, such as clothing
- Out-of-pocket medical costs
- Additional costs due to hospital admission
- Travel costs and telephone costs
- Domestic help
- Loss of income
- Study delay
- Future damage
You are also entitled to compensation for the pain, sorrow, suffering, and loss caused by the injury. This is called compensation for damages or non-pecuniary damage.
The final damage claim is determined based on these amounts. Our lawyers are happy to help you calculate personal injury damages.
Step 5: Request an advance
A personal injury case can take a lot of time and last a long time. Sometimes years. To prevent you from getting into financial problems in the meantime, you can request an advance on the compensation. This way you can continue to pay the ongoing costs you incur due to the injury.
Step 6: Claim personal injury from the other party
As soon as the damage has been fully established, including possible future damage, you claim personal injury from the other party. The other party must then proceed with payment.
The suffering may not be over yet, but fortunately, you have received the financial compensation you are entitled to. You can now fully focus on what is most important: your recovery.