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Litigation: filing a lawsuit

Often, a personal injury case is settled by negotiation and agreement. Usually, this is done with an insurance company. Sometimes, you reach a point where you find that you cannot agree together with the liable party or his insurer. This may be about (the extent of) liability or the amount of compensation, for example. In addition to mediation is filing a lawsuit then the only option.

In principle, only lawyers are authorised and trained to litigate. So-called injury agencies and other injury specialists or lawyers are not!

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What is a lawsuit?

Litigation is when legal proceedings are initiated, where a problem is presented to the court. In other words, you start litigation. The judge then eventually cuts the Gordian knot with a ruling. And you can then enforce this judgment in practice by, for example, engaging a bailiff.

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How does litigation work?

Litigation is never nice, but is sometimes necessary. Personal injury cases usually end up before the cantonal judge or the civil (or commercial) chamber of the court. On appeal, one of the four courts of appeal has jurisdiction. And finally, it is possible to appeal in cassation to the Supreme Court. There are also different types of proceedings: the partial dispute proceedings, summary proceedings or proceedings on the merits.

Litigation roadmap

Each type of proceedings has a slightly different roadmap. A so-called proceedings on the merits proceed as follows:

1. Subpoena: is an official written document, explaining what you want and what the conflict is.

2. Conclusion of reply: in this written document, the other party can respond.

3. Comparison of parties: Then there will usually be a hearing at which the judge will ask you to reach a suitable solution together. Will there be a settlement?

the agreements made are recorded via an official report.

4. Reply and rejoinder: plaintiff and defendant are sometimes allowed by the court to explain their case again in writing.

5. Verdict: this is the judge's ruling. In the judgment, the judge explains how the judgment was reached and makes the ruling.

6. Possible appeal: if you or the other party disagrees with the verdict, there is a three-month period to appeal.

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As personal injury lawyers, we understand the impact on your life and are happy to help claim your damages. Contact us with no obligation.

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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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