When negotiations regarding personal injury do not lead to an appropriate solution, a substantive proceeding before the court may be necessary. This is a full legal proceeding in which the judge makes a final judgment.
When to opt for substantive proceedings?
Substantive proceedings are only initiated if an amicable settlement proves impossible.
Reasons to litigate
| Reason | Explanation |
|---|---|
| Liability not acknowledged | The insurer refuses to accept responsibility |
| Causal link disputed | The connection between the accident and the injury is denied |
| Dispute over damage amount | No consensus on the amount of compensation |
| Risk of limitation | Proceedings to prevent limitation |
| Important legal question | A principled issue must be clarified |
Which judge is competent?
The competent court depends on the amount of the claim.
Judicial competence
| Amount of claim | Competent authority | Procedure type |
|---|---|---|
| Up to €25,000 | Subdistrict Court judge | Simpler, lawyer not always required |
| More than €25,000 | District Court | Lawyer required |
| Appeal | Court of Appeal | Lawyer mandatory |
| Cassation | Supreme Court | Special cassation lawyer required |
Course of substantive proceedings
Substantive proceedings involve various steps and phases.
Steps in the procedure
- Summons: official start with the claim and arguments
- Defence: response from the defendant
- Reply: claimant's response to the defence (not always)
- Rejoinder: defendant's counter-response (not always)
- Preliminary hearing: hearing for oral explanation and settlement option
- Evidence: witness statements, expert reports
- Plea: additional oral explanation (optional)
- Judgment: final decision of the judge
Time and costs in Zoetermeer
A legal proceeding requires both time and financial resources.
Duration
- First instance: 1 to 3 years
- Appeal: additional 1 to 2 years
- Cassation: additional 1 to 2 years
- Total over three instances: 4 to 7 years
Financial burdens
| Type of costs | Estimated amounts |
|---|---|
| Court fees | €314 to €4,200 (depending on case value) |
| Lawyer costs | €10,000 to €50,000 or more |
| Expert reports | €3,000 to €15,000 |
| Personal costs (travel, leave) | Varies per situation |
Costs of proceedings and reimbursement
The losing party often has to pay the costs of the proceedings, but this reimbursement covers only a portion of the actual costs.
Reimbursement rate
The cost order follows the liquidation tariff, with fixed amounts per procedural step. This usually compensates only 10-30% of the lawyer costs.
Who must prove what?
In personal injury cases, the burden of proof is distributed as follows.
Distribution of burden of proof
| Subject | Burden of proof lies with |
|---|---|
| Tort | Claimant (victim) |
| Extent of damage | Claimant |
| Causal connection | Claimant |
| Contributory negligence | Defendant (causer) |
| Force majeure situation | Defendant |
Settlement during the case
Many personal injury cases still end in a settlement during the proceedings.
Moments for settlement
- Immediately after summons, before the defence
- During or after the preliminary hearing
- After receipt of an expert report
- In the appeal phase
- During cassation proceedings
Judges often encourage parties to reach a settlement, thereby avoiding the uncertainty of a judgment.
Practical advice for Zoetermeer
- View proceedings as a last resort; first seek alternatives
- Ensure all damage is well documented
- Choose a lawyer with expertise in personal injury in the Zoetermeer region
- Be prepared for lengthy proceedings and emotional impact
- Remain open to a settlement, even during the case
- Inquire at the Zoetermeer Legal Desk about legal aid options
Local information
For cases in Zoetermeer, the competent district court falls under the district of the District Court of The Hague. For legal advice, you can go to the Zoetermeer Legal Desk.