In personal injury cases in Zoetermeer, the costs of legal assistance are often borne by the liable party. This concerns extrajudicial costs (BGK), but determining an appropriate reimbursement can lead to disputes.
Definition of Extrajudicial Costs
Extrajudicial costs comprise the expenses incurred to obtain compensation without court intervention.
Elements of BGK
| Element | Examples |
|---|---|
| Legal support | Lawyer, personal injury specialist |
| Medical assessment | Medical expert, second opinion |
| Expert reports | Vocational expert, financial expert |
| Administrative tasks | Collecting documentation, communication |
Assessment via Double Reasonableness Test
The reimbursement for BGK is tested using the double reasonableness test.
Key Questions
- Were the costs necessary? Were the performed tasks essential and appropriate given the nature of the case?
- Are the costs reasonable in amount? Do the rates and number of hours align with standard norms?
Rates and Hourly Fees in Zoetermeer
The amount of rates often remains a point of discussion in personal injury cases.
Common Rates
| Professional | Average hourly rate | Remarks |
|---|---|---|
| Personal injury lawyer | €200 - €350 | Including overhead costs |
| Personal injury jurist | €150 - €250 | Without lawyer's authority |
| Medical consultant | €150 - €200 | Specialized physician |
| Vocational expert | €100 - €150 | Fixed rates per report possible |
| Financial expert | €150 - €250 | For damage calculations |
PIV Scale Guideline
The Insurers' Personal Injury Institute (PIV) provides a scale as a guideline for BGK reimbursements.
Overview of PIV Scale
| Damage amount | BGK Percentage | Maximum amount |
|---|---|---|
| €0 - €5,000 | 25% | €1,250 |
| €5,000 - €10,000 | 20% | +€1,000 |
| €10,000 - €20,000 | 15% | +€1,500 |
| €20,000 - €50,000 | 10% | +€3,000 |
| €50,000 - €100,000 | 8% | +€4,000 |
| > €100,000 | 5% | Decreasing percentage |
Important: The PIV scale is merely a guideline and not a binding rule. In complex cases in Zoetermeer, higher costs may be justifiable.
Common Conflicts
In Zoetermeer, differences of opinion about BGK often arise between victims and insurance companies.
Key Points of Contention
Rate height
Insurers often find rates too high, while lawyers and personal injury experts indicate that they align with the market and case law.
Number of hours spent
Insurers claim too much time was spent, while personal injury handlers point to the complexity of the case.
Necessity of activities
Insurers question whether certain tasks were necessary, such as in-depth analyses or additional medical opinions.
Advice for Victims in Zoetermeer
- Request a clear cost estimate in advance from your representative.
- Ensure all work is detailed on the invoice.
- Consider a firm that works on a 'no cure no pay' basis.
- Know that your advisor can recover the costs from the insurer.
- In case of disagreement over reimbursement, the matter can be submitted to the District Court of The Hague.
No Cure No Pay in Zoetermeer
Many personal injury experts in Zoetermeer use a 'no cure no pay' model, where you pay nothing if the case is unsuccessful.
Different Models
| Type | Explanation | Common Percentage |
|---|---|---|
| Pure No Cure No Pay | No costs if no success | 15-25% of the compensation |
| No Cure Less Pay | Lower rate if no result | Varies |
| Hourly rate with success fee | Lower hourly rate with bonus on success | 5-15% extra |
Note: In the Netherlands, lawyers are restricted in working on a 'no cure no pay' basis, but other personal injury experts do not have this restriction.
Contact and Assistance in Zoetermeer
For legal support, you can go to the Juridisch Loket Zoetermeer. For cases requiring court proceedings, Zoetermeer falls under the jurisdiction of the District Court of The Hague.