The partial dispute procedure offers an efficient way to have a specific bottleneck in a personal injury case assessed. This can help to get stalled negotiations in Zoetermeer back on track.
What does a partial dispute entail?
A partial dispute is a legal procedure before the court in which one specific problem is submitted that impedes the settlement of a case:
- Who is liable?
- How much contributory negligence is involved?
- Is there a direct connection between the damage and the accident?
- A specific head of damage
What are the benefits?
| Feature | Partial Dispute | Full Procedure |
|---|---|---|
| Duration | 3-6 months | 1-2 years |
| Costs | Limited | High |
| Focus | One issue | Entire case |
| Court fee | € 314 | € 314 - € 2.277 |
When is a partial dispute appropriate?
A partial dispute is ideal if:
- There is one clear point of conflict
- A ruling can advance the case
- The issue can be assessed quickly
How does the procedure work?
- File a petition with the District Court of The Hague (district for Zoetermeer)
- The opposing party may file a response
- Hearing for oral explanation
- The judge issues a binding ruling
Costs of a partial dispute
Usually, the costs of a partial dispute procedure are reimbursed by the liable party, even in case of loss, unless the case is deemed unnecessary or unfounded.
Is appeal possible against a partial dispute ruling?
No, direct appeal is not possible. You can only challenge the decision in a full lawsuit.What if the insurer does not pay after the ruling?
In that case, you can initiate a full procedure or enforce execution of the ruling in case of a payment order.Is a lawyer necessary for a partial dispute in Zoetermeer?
No, it is not mandatory, but it is advisable due to the legal complexity. Contact the Legal Desk Zoetermeer for advice.Frequently asked questions about partial disputes in Zoetermeer
When do I opt for a partial dispute in my personal injury case?
A partial dispute is suitable if one specific problem, such as liability, is blocking the case. It is useful if other points have already been agreed and a quick ruling can advance the negotiations.
How do I start a partial dispute and what does it cost?
You file a petition with the District Court of The Hague. The costs include the court fee (€ 314) and possible lawyer's fees, often reimbursed by the opposing party, unless your petition is unfounded.
Can a partial dispute determine the amount of non-pecuniary damages?
Yes, a partial dispute can specifically concern non-pecuniary damages. If you and the insurer cannot agree, the judge can decide on this, which can accelerate the rest of the case.
What if I lose a partial dispute?
If you lose, the ruling on that specific point stands. You cannot appeal directly, but you can start a full case to challenge the decision. Consult a lawyer about the feasibility.
How long does a partial dispute procedure take?
On average, it takes 3 to 6 months, much faster than a standard procedure that often takes years. The exact time depends on the case and the court schedule.
Must an insurer cooperate in a partial dispute?
Yes, they are obliged to cooperate and can defend their position. Non-cooperation can harm their position.
What are the risks of a partial dispute?
The risk is that you lose and the ruling is unfavourable. Costs may also not be reimbursed if the judge finds the petition unjustified. A careful assessment is therefore important.