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Statutory interest
Statutory interest in personal injury

Statutory interest

If you have suffered personal injury, you may be entitled not only to compensation for the damages suffered, but also to compensation for statutory interest. This interest is calculated over the period when compensation was not paid and compensates for the delay in payment by the liable party. This is an important right because it prevents you from suffering financial loss due to the delay in compensation.

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What is statutory interest?
Statutory interest is a rate set by the government and is calculated when a payment is not made on time. In personal injury cases, the liable party must pay legal interest from the time the damage occurs. This means that interest begins to accrue from the date of the accident or when the injury occurred and continues until the day the compensation is paid in full.

Why legal interest in personal injury?
Statutory interest is designed to protect you financially from delays in payment. If compensation is not paid on time, you run the risk of additional financial burdens, such as missed income, medical costs or other expenses. Statutory interest compensates for this disadvantage by holding the party causing the delay liable.

How is statutory interest calculated?
Statutory interest is calculated using three factors:

  1. The claim amount: Interest is calculated on the total claim amount or the portion not yet paid.
  2. Length of delay: The longer payment is delayed, the higher the interest rate.
  3. The legal interest rate: This rate is set annually by the government and can vary. You can find the current rate through official sources.

Interest is usually calculated per day from the date the loss occurred until the day of full payment.

When can you claim legal interest?
You can claim statutory interest if:

  • Delayed payment of compensation by the liable party;
  • Liability for the accident is acknowledged, but compensation is not paid;
  • There is a dispute over the amount of compensation, which delays payment.

It is important to document your claims properly and maintain clear communication with the liable party or their insurer.

How do you claim legal interest?
Claiming legal interest can be part of your overall personal injury claim. A personal injury lawyer can help you with this by:

  • Calculate the exact interest on the delayed payment;
  • Include interest as a separate claim item in your claim;
  • To negotiate with the insurer or liable party to receive compensation.

Why seek legal help?
Claiming legal interest can be complicated, especially if the liable party keeps delaying payment. An experienced personal injury lawyer will make sure you get what you are entitled to, including fair compensation for legal interest.

Do you have questions about legal interest or other damages? If so, contact us for a no-obligation consultation. We are happy to help you fully recover your damages and get the compensation to which you are entitled.

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Free personal injury lawyer

As an accident victim, not only do you have a lot of worries, but you often incur additional costs immediately; that does not help you focus on your recovery. Fortunately, the legislature in the Netherlands has arranged that hiring a personal injury lawyer in these cases does not cost the victim anything. The costs – like the rest of the compensation – must be paid by the liable party. So, for example, you do not have to claim your legal expenses insurance, but may go directly to a specialized personal injury lawyer. No matter how big or small the damage seems to be.

We do not use the popularly popular ‘no cure, no pay‘ system, because in that case you as a victim still have to hand over a percentage of your compensation; that is not necessary at all. We send our bill directly to the other party so that you do not have to pay anything.

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Know your rights

You are entitled to compensation for damages resulting from a traffic accident. We will help you recover these damages. Contact us today. We will discuss what we believe is the best strategy to get fair compensation as quickly as possible. This is as follows.

1
We discuss what happened

A good understanding of the facts is necessary to hold the right party liable.

2
For you free help with liability claims

With a legally sound story, we hold the person(s) responsible liable for your damages.

3
After liability comes damages

Then we can work with you to estimate the damages and make sure you get fair compensation.

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Questions & Answers

Hiring a specialized personal injury lawyer will cost you nothing. The law states that the party liable for the occurrence of damage must also reimburse the attorney’s fees. We call this the extrajudicial costs. This means that you can hire a specialized personal injury lawyer at no cost to you.

Compensation consists of several components of damages. The basic principle is that the insurer is obligated to compensate the victim in such a way that he or she is put in the situation as much as possible as where he or she would have been had the incident not occurred. That means that, as a victim, you and your personal injury lawyer do a thinking exercise, comparing what is different now because of the accident. Then you usually come across the following damage items:

  • Loss of work capacity is the damage caused by a decrease in income (both white and black income) due to the accident. As a self-employed person, you often face declining earnings almost immediately while in salaried employment, you often get paid longer. This is a very important part of compensation;
  • Domestic help damages arise when you yourself, as the victim, can no longer perform the household tasks you did before the accident. You may have to hire professional help, but even if your partner or other family or friends take over tasks, the insurer must pay compensation for that;
  • Loss of self-efficacy is not being able to do the chores in and around the house anymore and the consequences of that should be compensated. Consider hiring third parties such as a carpenter, painter or gardener or having someone close to you take over those tasks;
  • Cost of third-party personal care if you cannot care for yourself;
  • Non-insured medical expenses are costs that are not reimbursed by the health insurance company. A well-known example is the physical therapist. It is not included in the basic package and if expenses are then incurred for treatments at the physical therapist, the liability insurer must reimburse them as a result of personal injury;
  • Transportation damages have to do with extra miles that must be driven to doctors and practitioners, as well as possibly modifying a car or buying another car as a result of the injury may also be part of the compensation;
  • Smart money is compensation for all the consequences of the accident that cannot be valued in monetary terms, such as pain, sorrow and time spent dealing with the consequences of the personal injury.

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 damages.

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.

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 carefully considered all options and that you will not miss anything in your case. Please feel free to contact us; we will 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.

addressBurgemeester Verwielstraat 67,
5062 GC Oisterwijk Netherlands