This guide is going to explain the time limits to make a personal injury claim in the Netherlands. There are different time limits for different types of holidays, some under Dutch law and some under UK law. Its important to know which is the right method of claiming so that you don’t miss out on compensation you may be entitled to.
Personal injury time limits Holland
Legal Expert are personal injury specialists and understand the litigation for both countries. If you’d like to begin a claim today, call us on 0800 073 8804 and speak with a specially trained advisor.
If you would like to gain more knowledge about the claims process first, please carry on reading.
A Guide To Holiday Accident Claim Limitation Periods Under Dutch Law
The Netherlands, also known as Holland, is located in North West Europe and has been popular with British tourists for many years. Popular destinations include Rotterdam, Amsterdam, The Hague, Eindhoven, Tilburg and Utrecht.
Depending on the type of holiday you’ve booked and type of accident, the time limits for personal injury claims in Holland can vary widely. This guide will try to explain which type of claim you should make and what differences exist between British and Dutch laws.
Claims for holidays booked by a package holiday provider here in the UK will be claimed for under UK law whereas a claim against a Dutch defendant, where the accident happened on a privately booked holiday, will be claimed under Dutch regulations.
We’ve provided a table of compensation amounts later in the guide and an explanation of what can be included within your claim.
After you’ve read this guide, don’t worry if you’re not sure how to proceed. Call one of our friendly team and explain how your accident happened. We’ll happily provide free legal advice to help you decide what to do next.
Limitation Periods For Damages Claims In The Netherlands
There are time limits to make a personal injury claim in the Netherlands, in the same way there are in the UK. The time limits vary depending on what type of holiday or trip you booked.
A privately booked flight where an injury or illness occurred
2 years may vary
An accident or illness on a privately booked holiday
5 years may vary
Illness or injury on a package holiday booked in the UK by a UK tour operator.
3 years may very.
We’ll cover some of the differences between Dutch and UK laws in the coming sections. If you’re unsure if you have time to claim, please call our team for free advice.
What Is A Holiday Accident In Holland?
Some of the more common holiday accident claims that can be made include:
Hotel accident claims: This could be for injuries caused by damaged furniture, in a hotel restaurant or swimming pool accidents.
Slips, trips and falls: These can happen just about anywhere on your holiday. If they were caused by somebody else’s negligence, you might be able to claim.
Food poisoning: This is possible from eating contaminated food or from contact with somebody else who’s already been infected.
Cycling accidents: Whether you’ve booked a cycling excursion or hired a bike independently, if somebody else causes an accident, which causes you to become injured, you could be eligible to claim.
Road traffic accidents (RTA’s): In the same way as a UK car accident, if the other driver is to blame, you could seek compensation from them. Try to get as many of their details, including the number plate of their vehicle.
This list isn’t comprehensive. Legal Expert can help with make a claim for any accident, which was caused by negligence and caused you to become injured. If you believe you’ve got a valid claim, please call our team today so that we can assess the merits of your case.
Litigation And Enforcement In The Netherlands
A large number of personal injury claims are dealt with between personal injury solicitors and insurers. It’s quite rare, in personal injury cases, for claims to end up in court.
Although we’ve discussed the time limits for personal injury claims in this guide, under Dutch law, the limitation may be extended if legal documents are served on the defendant. This is known as ‘Rights of action’ and could mean the time limit for claiming in a Dutch court is extended.
This can be a little confusing, so if you’re not sure whether you’ve still got time to claim, please get in touch with one of our team.
How Damages Are Estimated In Dutch Law
The process for estimating damages in Dutch law are as follows:
Establish liability: This would usually have to be done by the personal injury solicitor. In some cases, the defendant might’ve already admitted liability (such as a road traffic accident) but in others it can be more complex.
Calculate Damages: Before a compensation claim can be presented, the actual damages need to be calculated. This is usually done by a number of specialists:
A medical advisor will establish the extent of the injuries sustained.
An actuary will work out any loss or reduction of earning power.
A solicitor will use previous cases and case law to calculate how much compensation should be awarded for the pain and suffering caused by the accident (based on the medical records provided by the medical specialist).
Once the personal injury solicitor has worked out a compensation figure, they will present their case to the defendant. Then negotiations begin. It’s important that you have a specialist legal advisor, such as Legal Expert, on your side because the defendant more than likely will have one.
Differences Between Claims Under British And Dutch Law
One major difference between Dutch and UK personal injury claims is that, once liability has been established, the liable party has to pay the claimants legal fees.
This includes the costs of any solicitor or lawyer, the medical specialists, any medical records and the actuary. In the UK, the solicitor would be paid for by the claimant by either a success fee or paying the solicitor directly. We provide more information about this is in a later section of this guide.
Dutch Holiday Accident Claims Calculator
While you’ve been researching your injury claim, you’ve probably come across personal injury claims calculators. The table below will help you to calculate how much compensation you might be awarded.
It covers the amounts payable under UK law, not for a claim made directly with a Dutch defendant. We provided information on how those types of claim are handled earlier in this guide.
In this range of compensation injuries include simple fractures, or symptoms such as tennis elbow.
Arm
Less Severe
£13,720 to £28,060
In this range of compensation injuries include those that heal eventually but will limit use of the arm until they do (short term)
Arm
Severe
£34,340 to £48,080
In this range of compensation injuries include those that heal eventually but will limit use of the arm until they do (medium to long term)
Arm (fractures)
Simple
£5,810 to £16,830
In this range of compensation injuries include fractures in the forearm.
Arm (fractures)
Less Severe
£16,830 to £34,340
In this range of compensation injuries include fractures in the upper arm.
Arm (fractures)
Serious
£34,340 to £52,490
In this range of compensation injuries include multiple factures, which cause functionality of the arm (long term)
Arm (fractures)
Severe
£84,310 to £114,810
In this range of compensation injuries include multiple fractures which will leave the arm cause permanent reduction in functionality
Arm amputation
Below elbow
£84,310 to £96,150
The amputation of the lower arm.
Arm amputation
Above elbow
£96,150 to £114,810
Amputation of the arm below the shoulder.
Arm amputation
Full
Not less than £120,270
Amputation of the arm at the shoulder.
Arm amputation
Both
£211,150 to £263,060
Full amputation of both arms.
Finger
Minor
Up to £4,160
In this range of compensation injuries include nails being torn off and soft tissue damage.
Finger
Serious
£13,080 to £14,330
In this range of compensation injuries include tendon damage (long term) and mobility loss.
Finger
Loss
£3,150 to £21,910
In this range of compensation injuries include partial amputation of a single finger through to amputation of multiple fingers.
Thumb
Serious
£11,040 to £14,690
In this range of compensation injuries include tendon damag (long term) and mobility loss.
Thumb
Very serious
£17,190 to £30,700
In this range of compensation injuries include a thumb that was amputated,grafted back on but has resulted in loss of function.
Thumb
Loss
£31,140 to £48,080
The amputation of one thumb.
Hand
Minor
£800 to £3,810
In this range of compensation injuries include soft tissue damage, bruising, cuts and abrasions.
Hand
Moderate
£5,110 to £11,640
In this range of compensation injuries include deep lacerations that probably need surgery to repair fully.
Hand
Serious
£25,430 to £54,280
In this range of compensation injuries include those that cause the hand to be less than 50% functional
Hand
Loss
£84,310 to £96,150
Either the amputation, or permanent loss of function of one hand.
Hand
Loss (both)
£123,310 to £176,660
Either the amputation, or permanent loss of function of both hands.
Wrist
Minor
£3,090 to £4,160
In this range of compensation injuries include bruising, tissue damage, dislocations and other fast healing injuries.
Wrist
Serious
£21,480 to £34,340
In this range of compensation injuries include compound fractures which will heal but the wrist is immobile until healed (long term)
Wrist
Severe
£41,760 to £52,490
In this range of compensation injuries include those that cause permanent loss of mobility.
Toe
Moderate
Up to £8,420
In this range of compensation injuries include cuts, lacerations and abrasions, and some very minor fractures.
Toe
Serious
£8,420 to £12,050
In this range of compensation injuries include multiple fractured toes or multiple fractures of a single toe.
Toe
Severe
£12,050 to £18,480
In this range of compensation injuries include those that result in the amputation of multiple toes.
Toe
Loss
In the region of £27,450
Amputation of one big toe.
Toe
Loss (both)
£32,020 to £49,180
Amputation of of all toes on one foot.
Foot
Severe
£36,800 to £61,410
In this range of compensation injuries include multiple fractures which cause permanent loss of function and permanent pain.
Foot
Very Severe
£73,620 to £96,150
In this range of compensation injuries include those which result in serious permanent disability.
Foot
Loss
£73,620 to £96,150
Loss of one foot.
Foot
Loss (both)
£148,540 to £176,660
Loss of both feet.
Ankle
Severe
£27,450 to £43,900
In this range of compensation injuries include multiple fractures that cause immobility (medium term).
Ankle
Very Severe
£43,900 to £61,110
In this range of compensation injuries include multiple fractures which cause result in permanent loss of some functionality of the ankle.
Leg
Less Serious
£15,750 to £24,340
In this range of compensation injuries include fractures cause the leg to be immobile while healing.
Leg
Moderate
£24,340 to £34,370
In this range of compensation injuries include dislocations, serious tendon damage and compound fractures.
Leg
Serious
£34,370 to £48,080
In this range of compensation injuries include serious or multiple fractures cause immobility (long term).
Leg
Severe
£84,400 to £119,210
In this range of compensation injuries include those which cause permanent mobility problems and cause ongoing pain.
Leg amputation
Below knee
£85,910 to £116,620
The amputation of one leg below the knee.
Leg amputation
Above knee
£91,910 to £120,530
The amputation of one leg above the knee.
Leg amputation
Both
£211,150 to £247,280
The complete amputation of both legs.
Neck
Minor
Up to £2,150
In this range of compensation injuries include minor cuts, abrasions an sprains which will rapidly heal.
Neck
Severe
£39,870 to £130,060
In this range of compensation injuries include long term injuries which will have a permanent affect on the victims life (reduced movement / pain)
Back
Moderate
£10,970 to £34,000
In this range of compensation injuries include ligament and muscle damage which will be painful until healed.
Back
Severe
£34,000 to £141,150
In this range of compensation injuries include a broken back, which will have a permanent, life-changing, affect on the victim.
As you can see, each type of injury is graded from minor to severe. Your personal injury solicitor will use medical records and medical specialists to try and prove the exact nature of your injury. This is to try and ensure you receive the correct level of compensation.
This table is just one part of the claim that can be made. For more information on making a full claim, carry on reading as the next section provides more detail.
What Could My Netherlands Holiday Accident Claim Compensate Me For?
When a personal injury solicitor prepares a compensation claim, there are a number of parts to the claim which can be included. Legally, these are known as heads of loss and include:
General Damages
This is paid for the pain and suffering caused. For instance, if you’re involved in a Netherlands car accident, you could be compensated for the pain caused by a whiplash injury.
Medical Costs
If your accident led to medical expenses that you wouldn’t have had to pay for before the accident, you might be able to claim these back.
Travel Costs
Following your accident, if you incur travel costs, they might be included in the compensation claim. This could include the cost of travelling home early or travelling to and from the doctor’s surgery.
Care Costs:
When you return home, if you need professional care to help you while you’re recovering, your solicitor could look to claim back any associated costs.
Personal Property Damage
At the time of your accident, if any item of personal property was damaged or destroyed, you might be able to recover the cost of repairing or replacing the item. This might be your mobile phone, torn clothing, damaged spectacles or jewellery.
Lost Income
When you take time off work to recover, you can sometimes claim lost earnings back. This could also be true if you need to make trips to the doctor in work time. If your employer only pays minimal sick pay, you might be able to claim any lost earnings back.
This is just a few of the elements a solicitor can use in your claim. For any financial losses, we recommend that you keep hold of receipts. Your solicitor can then use them as supporting evidence for your claim.
It’s important that you provide your solicitor with as much information as possible. This is because, once a claim has been settled, you can’t go back and ask for more compensation later. It’d be a shame to miss out on something so try to collate as much information about your claim and your losses before calling a solicitor.
No Win No Fee Holiday Accident Claims In The Netherlands
When you hire a personal injury lawyer, you might be worried about the costs involved. This is common and why we offer a no win no fee service for all cases we take on.
Here’s a comparison of no win no fee versus a solicitor who charges a fixed fee:
No Win No Fee Solicitor When you use a no win no fee personal injury solicitor, they’ll provide you with a Conditional Fee Agreement (CFA). This is the legal name for no win no fee agreements. Two key points found within the CFA are the success fee and the statement which says, if the case is lost, you don’t have to pay the solicitor for their services.The success fee is a percentage of your compensation that will be retained by the solicitor if they win the case. It is limited to 25% of the total compensation awarded.
A Solicitor Who Charges A Fee Using this type of solicitor means you’ll need to pay either an hourly rate or a fixed fee for their service. You’ll usually need to pay up front or at certain points throughout the case.If they win the case, you’ll keep 100% of any compensation awarded. However, if they lose the case, you won’t be refunded any of the fees. This could mean you’ll be heavily out of pocket.
Our clients tell us that they prefer no win no fee as it reduces the stress involved with claiming.
How Our Team Could Help You Claim Compensation
Legal Expert are specialists in making personal injury claims. It’s what we do. Our team are friendly and professional and committed to trying to ensure that all our clients receive the correct level of compensation.
Our solicitors all operate on a no win no fee basis, to reduce the stress involved with making a claim and we’re available throughout your case to answer any questions that might crop up.
Contact Us Today
Now that you’ve read about the time limits for a personal injury claim in Holland, we hope you’d like to use Legal Expert to make your claim. To begin a claim, you can contact us by:
Give us a call on 0800 073 8804 and speak with a specially trained advisor.
Remember that you’ll need to begin your claim within the limitation period under Dutch law. When you get in touch, we’ll offer you a free initial consultation. This is where you can ask us as many questions as you like. We’ll provide free legal advice and assess the merits of your claim.
If we think you’ve got a good chance of winning compensation, we’ll offer a no win no fee agreement. When you’re ready, we’ll begin the claim for you.
Hopefully, this guide has provided all the information about the time limits to make a personal injury claim in the Netherlands that you need. For further information, we’ve provided the links below which we believe will be useful.
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