Liability: the meaning

In life, we all make mistakes. But when a company or person causes damage to another in the process, they may be liable for it. And if so, in most cases, he or she is obliged to compensate these damages.

Someone hold responsible for damages, according to the law, can be on several grounds, for example by:

a tort such as a road accident, destruction, damage and violence;
strict liability such as for defective property or premises, damage by employees, by children or animals;
Employer's liability for damages, incurred by the employee during work.

Did you personal injury incurred? Before proceeding with compensation, filing a personal injury claim whether it claiming compensation, there are some things that need to be established first.

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Holding someone liable: how does it work?

Do you want to hold someone responsible for your personal injury suffered? Collect as much evidence as possible in advance. Consider:

photos, videos or a situation diagram of the damage before and after the incident;
contact details of both the perpetrator and any witnesses;
medical information related to your injury;
proofs of payment and receipts of expenses incurred and damages after the incident;
A collision or damage form, any police report or labour inspection report.

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Labour InjuryAdvocates is happy to see where we can help you, to reduce the stress you are experiencing after the accident. Know that you are not alone. We are happy to invite you for a free consultation.

Topics include:

what happened?
how can you hold someone liable?
what are your chances of receiving compensation?

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Holding the other party liable

Holding the other party liable is usually done by sending a (registered) letter or e-mail. In it, you indicate that you hold this person liable and that he/she should compensate you for the (personal) damages you have suffered and will suffer. Furthermore, you usually ask them to forward the notice of liability to their insurer so that the damages can be settled with them.

Filing a personal injury claim

Who can be held liable, when filing a personal injury claim, depends on the type of accident. Common accidents are:

Liability in the event of a industrial accident usually lies with the employer. Your employer is responsible for creating a safe working environment. In the event of an accident in the work environment, this obligation may not have been met and you may therefore face a personal injury claim.

Liability in a traffic accident is regulated differently. Motorised traffic is in principle always liable in a collision vis-à-vis a weak traffic participant (cyclist or pedestrian). Regardless of any percentage of own fault on the part of the weak traffic participant. In a collision between motorised traffic, liability depends on the violation of traffic rules.

About ArbeidsletselAdvocaten

We are a team of personal injury lawyers in the heart of North Brabant. Our experienced specialists assist victims. Our lawyers understand that in addition to physical damage, an accident also has an emotional and financial impact. We therefore offer personal and professional support, straight from the heart. Our office is located in Tilburg. But for all North Brabant victims, we are also happy to come to your home. With us by your side, you will get the help you need to get your personal injury compensation justly compensated.

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