You may have needed a lawyer before. For example, because you had an employment dispute with your employer or with an employee. Or because you have been the victim of a traffic accident and have suffered injuries as a result. You probably know that a lawyer is not cheap. But in the Netherlands, you can call in a personal injury lawyer in Rotterdam (Dutch: letselschade advocaat Rotterdam) or a personal injury lawyer in Amsterdam (Dutch: letselschade advocaat Amsterdam) for free if you have sustained injuries from a collision, industrial accident, or dog bite. How is this possible?

Legal aid system in the Netherlands

Legal assistance in the Netherlands is regulated by law, namely in the Civil Code. This states that part of the damage is estimating damage, determining damage, and recovering damage. In other words, if you suffer damage in the Netherlands and someone else is liable for this, the costs of legal assistance are part of the compensation. So, if you are hit by a cyclist or have an accident at work and you suffer injury as a result, you can call in a personal injury lawyer free of charge to help you obtain compensation.

Because the law states that the costs of legal assistance in recovering damage fall under the compensation, these costs are for the account of the liable party. In most cases, this is liability insurance. In most European countries and therefore also in the Netherlands, for example, there is compulsory insurance for all motor vehicles such as cars and scooters. But employers are also usually insured for damage because of an industrial accident. Liability for a dog bite is covered by the public liability insurance that most dog owners do have. The costs for legal assistance in case of personal injury are therefore usually paid by a personal injury insurer.

The Dutch system compared to other countries

The Dutch system is quite unique in Europe and even in the world. Nowhere in Europe is the recovery of personal injury better organized than in the Netherlands. If we look at the neighboring countries of the Netherlands, we see that in Belgium a personal injury victim must pay for his or her personal injury lawyer or personal injury lawyer himself. Costs for legal assistance in case of personal injury are not reimbursed by law. In Germany there is a regulation regarding legal costs, but this is very limited. Whereas in the Netherlands the actual costs of legal assistance are paid, in Germany a system applies whereby only a small reimbursement is obtained. This also applies in Austria. In all other European countries, no compensation for legal assistance is offered or only a very limited regulation applies.

As far as the costs of legal assistance for personal injury are concerned, you are therefore best off in the Netherlands.

No cure no pay for personal injury claims

So, if you must pay your costs of legal assistance yourself, you need a lot of money. Because a personal injury lawyer or personal injury lawyer asks a lot of money for his or her legal assistance. An hourly rate of around € 200.00 is quite normal. But what if you don't have that much money? Do you then have to claim your personal injury from an insurer of the opposing party?

In practice we often see the system of no cure no pay. In this system you pay part of your compensation to your representative. The disadvantage is that you will never get your actual damage reimbursed because part of it goes to the personal injury specialist. So, is it not time for the Dutch system to be introduced throughout Europe?