Personal Injury Claims After an Accident

Every year several accidents occur in which someone is injured and suffers damage. A traffic accident, industrial accident or a dog bite. (Dutch: hondenbeet)

If you have been involved in an accident, you will naturally want to claim your personal injury from the liable party. But who is liable for damage caused by an accident and what damage can you claim if you are involved in an accident?

Who is guilty and liable in a traffic accident?

There are many road casualties every year. From a rear-end collision because someone is standing still at a zebra crossing, a pile-up  on the highway to a head-on collision because someone ended up on the wrong side of the road. But which person is at fault in a collision? Who can you contact for damages?

The law states who is guilty and liable in the event of a traffic accident. It is often clear who is to blame in an accident even without looking at the law. For example, it is generally known that in the event of a chain collision (Dutch: kettingbotsing), the rear vehicle has made a mistake and is obliged to compensate the victims for their injuries.

In the European Union there is a directive that is important in the event of a traffic accident. All member states of the European Union have implemented this directive, the EU Motor Insurance Directive, in their own legislation. But as a national of a Member State you can also rely directly on this directive.

The EU Motor Insurance Directive stipulates that someone who is the victim of a traffic accident does not have to find out who is liable in the event of a collision. To obtain personal injury compensation under the directive, the personal injury victim can immediately submit a claim for damages to the car insurance company of the at-fault party. In addition, you can claim personal injury compensation in your own Member State under the EU Motor Insurance Directive. The personal injury victim does not therefore have to engage a personal injury lawyer abroad to hold the other party liable. Every insurer within the European Union is obliged to have a representative in every member state of the European Union. A personal injury claim can be filed with this person. So, you can claim compensation in your own language.

Claim personal injury after an industrial accident

A machine that turns out to be defective, a fall from a ladder or injury due to a colleague’s mistake. The question is who is liable for injuries sustained at work.

In various countries, the employer is under certain circumstances liable for personal injury resulting from an accident at work. This is the case if the employer is to blame for failure to fulfill his or her duty of care.

To determine who is liable for damage resulting from an industrial accident, it is always advisable to ask a personal injury lawyer for advice.

Personal injury caused by a dog bite

In the event of a dog bite, in most countries the dog owner is liable for the personal injury suffered by the victim. Unfortunately, there is no mandatory liability insurance for dog owners. It is therefore important to ask the dog owner whether there is liability insurance.