You are cycling to work in the sun when suddenly a car hits you. The result is that you are injured and you also suffer damage. Or you are at work when you are suddenly hit by a colleague with a forklift. If you suffer damage in this way, we speak of personal injury. But what to do in case of injury? What are you entitled to and what can a personal injury lawyer (Dutch: letselschade advocaat) do for personal injury?
A collision, now what?
Injuries are mainly suffered as a result of a collision. For example, because as a cyclist you are hit by a car. Or a car collision because the rear vehicle is not paying attention, resulting in a rear-end collision or chain collision.
You have probably never been in a traffic accident. The question then is what to do after a collision? For example, what can a personal injury lawyer do, such as a personal injury lawyer in Amsterdam (Dutch: letselschade advocaat Amsterdam) after a collision in Amsterdam? What should you pay attention to and what should you not do?
The law states that the person claiming personal injury from another person must prove that the damage was caused by the fault of another person. In other words, this person must be at fault in the collision. Because only if there is guilt can you hold someone liable.
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Accident damage report and witness statement
The best way to prove that someone else is guilty in the event of a collision and is therefore liable for personal injury is to fill in a claim form. Here you can enter what the circumstances of a collision are. You can often make a sketch of the accident yourself so that it is clear to everyone what happened.
Also important in a collision is that often others have seen the bicycle accident or car accident. These are important people because they can be used as witnesses. Witnesses can declare who is at fault in an accident. Therefore, in the event of a collision with witnesses, always ask witnesses to draw up a statement. This can be important if the other party states that you did not cause the accident, but you.
Is there a discussion on the spot about who is guilty and therefore liable in the event of a collision? Always call the police. They can investigate the circumstances of the collision and identify the guilty party.
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What injuries are covered?
Is it established that the other party is at fault for the occurrence of the accident? Then you can claim compensation. Personal injury compensation consists of material damage and punitive damages. Material damage may include loss of wages or loss of income of an independent entrepreneur in the event of incapacity for work. But costs also fall under the material costs, such as medical costs and travel costs.
Immaterial damage or punitive damages are damage that cannot be valued in money. Pain complaints, psychological complaints and anxiety such as fear of driving are examples of the consequences of an accident for which a compensation for damages is intended. But it is also compensation for, for example, unsightly scars after a bicycle accident or car accident.