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Holding a (legal) person liable
Holding a (legal) person liable is important in personal injury cases, because without liability no compensation can be paid. Establishing liability is not always easy. Questions such as: who is liable and to what extent someone is liable are common in practice. Discussing liability requires broad legal knowledge. The attorneys at Munten Personal Injury have years of experience in establishing liability and will be happy to help you.
Grounds for liability
There are many situations imaginable from which personal injury can arise. Depending on what happened, different rules apply. A number of situations are outlined below.
Traffic accident
A car hitting a bicyclist or a rear-end collision are instances of a traffic accident. When a traffic accident occurs, legal liability applies. This means that a law has been violated and, as a result, there is an obligation to pay damages. It is important to gather evidence after a traffic accident, such as a (one-sided) completed claim form, police report or a witness. This evidence is used to establish liability. For more information on traffic accidents click here.
Industrial accident
Your employer is obligated to be a good employer; this includes having a safe working environment. Failure to take safety precautions or warnings are grounds to hold your employer liable. But even if your employer has provided safety precautions and warnings, the employer can still be held liable. For more information on workplace accidents, click here.
Medical error
If injuries are caused by a doctor’s negligence or actions, the hospital may be held liable. Administering medications incorrectly, performing surgery incorrectly or failing to put an IUD back and then becoming pregnant are examples of medical errors. These mistakes often have major consequences. Therefore, it is important to hire an attorney when a medical error occurs. For more information on medical errors click here or contact us.
Liability by animals
It is possible to hold the possessor of an animal liable. A dog causing personal injury by biting or a horse kicking backwards are cases where liability can be established against the animal’s possessor. For more information on animal personal injury claims click here.
Professional misconduct lawyer, notary, accountant or consultant
Even in cases where there is no injury but there are damages, it is possible to establish liability. Misinformation from a consultant or when an accountant fails to record a debt are examples of professional misconduct. To assess whether professional misconduct has occurred, we recommend contacting one of our attorneys.
How much compensation will I receive?
At an initial consultation, we already know how much compensation we can estimate, but how much compensation is ultimately necessary to make up for the damage, that only shows itself after a while.
Too often, victims underestimate the severity of the injury and the long-term consequences. We guard against victims being fobbed off with compensation that feels good in the short term, but hurts in the long term!
Speed is of the essence!
An accident can have a variety of consequences, with different causes. Munten Personal Injury is ready to assist victims, their loved ones and even employers with the consequences of injury by quickly arranging appropriate compensation. Here, speed is of the essence, as victims often experience immediate financial blows.
- Various consequences and causes of accidents
- Assistance for victims, loved ones and employers
- Prompt settlement of damages
- Goal: Make liable party financially responsible
- Challenges due to slow process of insurers
- Efficient approach thanks to our extensive experience and network
Our goal is to have the liable party, usually their insurer, bear these burdens. However, this requires a quick approach, which is often a challenge due to the natural inertia of the parties involved, such as insurers. However, thanks to our years of experience and good contacts, we know how to reach the right people in the right place, enabling us to achieve the desired speed.
Individualized approach for each case
Our goal is to make the liable party, usually an insurer, bear as much of the personal injury victim’s burden as possible. This requires swift action, which is often a challenge due to the natural inertia of the parties involved, such as insurers. However, thanks to our years of experience and good contacts, our personal injury lawyers know how to reach the right people at the right place, which usually allows us to achieve the desired speed.
An important part of this is that we quickly figure out with you what matters for your situation. Compensation is not an outcome of a calculation. It requires good cooperation between victim and personal injury lawyer to figure out what is needed at this time and later. The injury has a big influence on this, but so do the victim’s social and financial circumstances, of course. Fortunately, personal injury law is still a people’s business and we are able to offer our expertise. A personal injury case is quite intense if you want to do it right, it really is a collaboration, because even though our personal injury lawyers are specialized in this field: we do not know what is going on with you.
Questions & Answers
After an accident, the insurer must pay for all damages caused by the accident. This includes medical expenses, such as hospital visits, physical therapy and aids, and the loss of income if you are (temporarily) able to work less or not at all. Travel expenses to doctors or therapists and the cost of domestic help are also reimbursed. Do you need home modifications or damage to personal property, such as clothing or your vehicle? These costs are also covered.
In addition, you can claim damages for pain, stress and reduction in quality of life. Study loss and legal fees can also be recovered. Do you have questions or want to make sure you don’t miss out on anything? Contact us, we are happy to help!
You may find yourself (partially) to blame for an accident. Perhaps you failed to pay attention or violated a traffic rule. But this does not mean that you are automatically no longer entitled to compensation. In many cases, you can still be compensated for part of the damage.
If there is shared fault, one looks at who bears what responsibility. On that basis, it is determined who should pay what percentage of the damages. Suppose the other person is 70% at fault and you 30%, you will be compensated 70% of your damages. Moreover, as a cyclist or pedestrian, you are extra protected. Even if you are at fault, you are often still entitled to compensation, especially if the other party is a driver of a motor vehicle.
Dividing blame is often determined in consultation with insurers. They analyze the situation and divide responsibility into percentages. This can be complicated, but we are ready to help you with this. In doubt about your debt or want to know what you are entitled to? Get in touch with us. We will make sure you get what you are entitled to, even if you are (partially) at fault for the accident.
Fault is a legal term for the circumstance that you yourself had a contribution to the occurrence of the accident or the severity of its consequences. Consider, for example, not wearing a seat belt in the car.
Partial own fault affects the amount of compensation. For the portion that is at fault, a deduction is made from the personal injury damages. Please note that there are cases where it is not so oneovudous! For all non-motorized road users such as pedestrians, cyclists and people on electric bicycles, there is extra protection. This basically means that you will always be compensated at least 50% of your damages. If you have any questions about this, be sure to call.
If you were driving a car yourself, it may still be possible, even if you were at fault for the accident, to receive full compensation for your damages. Then it is important to see if an SVI insurance policy provides coverage. Then, in most cases, personal injury damages can be recovered in full.
If you have legal expenses insurance, it may seem logical to call on them first after an accident. Yet this is not always the best choice. Legal expenses insurers often work with set procedures and standard operating procedures, so your case may not get the personal attention it deserves. Moreover, a legal expenses insurer often has an interest in settling cases quickly, sometimes even at the expense of the maximum compensation to which you are entitled.
With us, on the other hand, you receive personalized assistance and we are fully committed to your best interests. We take the time to understand your situation and ensure that your compensation claim is handled accurately and completely. In addition, our assistance is always free of charge, as the costs are recovered from the other party.
Do you still want to contact your legal expenses insurance first? Of course you can. However, it is also smart to talk to us without any obligation. That way, you can be sure that you have properly considered all options and are not missing anything in your case. Feel free to contact us; we would be happy to help you.
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Would you like to know if we can help you recover your personal injury? Then contact us using the details below, or fill out the comment form, and we'll make sure someone from us gets back to you within 24 hours.
Burgemeester Verwielstraat 67, 5062 GC Oisterwijk Netherlands