Legal Advice for Personal Injury | Legal Aid

Questioner

Good morning, my question to you? I was hit by a car 8 months ago, now I have searched for a personal injury lawyer on the internet in January 2014 and called, now I have to say that I do not feel comfortable with this lawyer, her behavior on the phone was not nice to me, this has led to the fact that I do not want to have telephone or personal contact with this lawyer, also because I am now advised not to have personal and telephone contact due to my rehabilitation process since February 19, 2014. I was hit by a car 8 months ago, I was on my bike and now I have also lost my job and am in rehabilitation due to back injury and my now depression complaints in treatment. 5 days a week. I have now received the letter from legal aid and have to pay 800.23 personal contributions. My income in 2012 was normal, but not in 2013, because I had about 600.00 less income per month due to no longer receiving ORT due to my now still 100% sickness benefit and as of 1/05/2014 I lost my job, so unfortunately I have to apply for benefits. Now my question to you is whether it is useful to file an objection now and to request a reference year adjustment and could I pay my lawyer in installments? I hope you will respond quickly because I have to pay within a few days and I don't have that.

Lawyer

Dear, If your income in 2014 is indeed lower than in 2012, it is wise to apply for a reference year shift. You may then only have to pay a lower personal contribution. It would be a shame if you did not try this. Your lawyer can help you with this or you can download the form yourself from the website of the Legal Aid Board. You must submit the request for a reference year shift within six weeks of the decision of the Legal Aid Board. I do not know whether you can pay in installments with your lawyer. I find it very unlikely that she will refuse this, after all, it is a large sum for you. You will have to make an agreement with your lawyer about this. You also indicate that you do not feel comfortable with this lawyer. Have you discussed this with her? I advise you to do so. It is important that you have confidence in your lawyer and that you feel comfortable with her. If this feeling persists, you might do well to change lawyers. This is possible, even if you have legal aid.

Lawyer

Dear Mrs. Everwijn, If you have been the victim of a traffic accident in the Netherlands and the other party is liable for this, then in principle all of your costs must be paid by the other party. Your personal injury specialist should first be able to inform you about the possibility that the other party will be wholly or partially liable for your accident. Clarity will also need to be provided about the injuries and limitations you have suffered as a result of the accident. For this, your personal injury specialist will collect medical information from your doctor/therapist. If the liable party has a liability insurer, they will be able to reimburse your expenses after they have been determined. However, if the private individual has not taken out insurance, it can be a problem (if the other party has hit you with a motor vehicle, you still have the option of receiving compensation from the guarantee fund), because the private individual will have to pay you themselves. The reasonable costs of your personal injury specialist must also be paid in full by the liable party. You do not have to pay any costs yourself. However, if there is no clarity about liability, there is a possibility that your lawyer could work for you on a legal aid basis. If your income is much lower than that of the reference year, it is possible to request a reference year shift and your lawyer must also know this. Before a settlement can be reached with the other party, there must be clarity about the injuries/limitations you have suffered as a result of the accident and whether you are also experiencing financial problems as a result, because you can no longer perform certain tasks. As you can see, a personal injury procedure can take years and it is essential that you have complete confidence in your personal injury specialist. I would first advise you to have a good conversation with your personal injury specialist to see whether you would like to continue with her or not. In the latter case, you can always use another personal injury specialist that you do have confidence in. Hoping this has been helpful to you.

Questioner

Thank you for your message, is it also useful to file an objection? and how do I write such a letter? I am indeed going to request a reference year adjustment, which I think is sensible. I just because I had already sent two emails on Friday and this morning to this lawyer and again explained that I am having a hard time financially because I now still receive a basic salary of 1283 euros per month and therefore cannot pay this amount, I received an email that at the request of my lawyer I do not have to pay this amount for the time being, so that is a great relief for me now, since the collision I have been able to arrange money myself with the other party, the insurance of the person who caused the accident, but now since January 2014 I have taken this lawyer into my hands and now I no longer receive anything because it now goes through this lawyer, yes the bills that I have to pay when requesting medical specialists via the lawyer, while I have sent all the data and medical information to my lawyer and have also clearly indicated this in the emails. I have also been to your office by appointment, for advice because I already wanted to switch, but what is holding me back is that if I switch, I still think I will receive the bill from this lawyer, now since last week the addition has been accepted by legal aid, but I also receive the bill for 800.23, now I should have known that it concerns 2012, but not that I have to pay so much myself, in 2013 I had three months of benefits, unfortunately for this job, which I have now lost again due to this accident and from August 1 onwards I will be on sick leave, 100%, so loss of salary. You understand and I am also still recovering in the hospital for 5 days for my back injury and mentally (depression) this is all very difficult for me.

Lawyer

Dear Madam, From your question I gather that you were riding your bike and were hit by a car. Usually, because cyclists are given extra protection, this means that the other party is liable for the damage you suffered. If that is the case, you can recover the legal costs you will incur in addition to the personal injury you suffered. In that case, you do not also have to pay the personal contribution of the legal aid. After all, that would be double. If legal aid is required, for example because liability has not yet been acknowledged, you can indeed request a so-called reference year shift. In that case, your lower income in 2014 will be considered. You write that you do not have a good feeling about your lawyer. As colleague Jongen already noted, it is important that you discuss this. After all, it is - certainly in a case like yours - of great importance that you have confidence in your own lawyer. Is your lawyer a specialized personal injury lawyer? You can recognize such a lawyer because he or she is a member of the LSA and/or the ASP. If you still have no confidence in your own lawyer after a conversation, I advise you to change lawyers.

Questioner

Thank you for your message, is it also useful to file an objection? and how do I write such a letter? I am indeed going to request a reference year adjustment, which I think is sensible. I just because I had already sent two emails on Friday and this morning to this lawyer and again explained that I am having a hard time financially because I now still receive a basic salary of 1283 euros per month and therefore cannot pay this amount, I received an email that at the request of my lawyer I do not have to pay this amount for the time being, so that is a great relief for me now, since the collision I have been able to arrange money myself with the other party, the insurance of the person who caused the accident, but now since January 2014 I have taken this lawyer into my hands and now I no longer receive anything because it now goes through this lawyer, yes the bills that I have to pay when requesting medical specialists via the lawyer, while I have sent all the data and medical information to my lawyer and have also clearly indicated this in the emails. I have also been to your office by appointment, for advice because I already wanted to switch, but what is holding me back is that if I switch, I still think I will receive the bill from this lawyer, now since last week the addition has been accepted by legal aid, but I also receive the bill for 800.23, now I should have known that it concerns 2012, but not that I have to pay so much myself, in 2013 I had three months of benefits, unfortunately for this job, which I have now lost again due to this accident and from August 1 onwards I will be on sick leave, 100%, so loss of salary. You understand and I am also still recovering in the hospital for 5 days for my back injury and mentally (depression) this is all very difficult for me.

Lawyer

Dear Madam, Filing an objection will not help much, because what has been decided is correct. However, you should request a reference year shift as soon as possible. The forms for this can be found on the website of the Legal Aid Board or with your lawyer. It is strange that your case has effectively come to a standstill since you hired a lawyer. It is also strange that the lawyer charges you for requesting medical information. Your lawyer can simply do that directly with the other party. If you switch to another personal injury lawyer, he or she will be able to make agreements with your current lawyer about his or her costs. I usually include those costs, on behalf of my client, in the claim to the opposing party. This rarely, if ever, leads to problems. If I understand your questions correctly, you will suffer considerable damage. It is then important that you are assisted by an experienced personal injury lawyer whom you trust. If, even after a conversation, you do not have confidence in your lawyer, it is wise to change lawyers. If you have further questions, please do not hesitate to contact me.

Questioner

Thank you for your message, is it also useful to file an objection? and how do I write such a letter? I am indeed going to request a reference year adjustment, which I think is sensible. I just because I had already sent two emails on Friday and this morning to this lawyer and again explained that I am having a hard time financially because I now still receive a basic salary of 1283 euros per month and therefore cannot pay this amount, I received an email that at the request of my lawyer I do not have to pay this amount for the time being, so that is a great relief for me now, since the collision I have been able to arrange money myself with the other party, the insurance of the person who caused the accident, but now since January 2014 I have taken this lawyer into my hands and now I no longer receive anything because it now goes through this lawyer, yes the bills that I have to pay when requesting medical specialists via the lawyer, while I have sent all the data and medical information to my lawyer and have also clearly indicated this in the emails. I have also been to your office by appointment, for advice because I already wanted to switch, but what is holding me back is that if I switch, I still think I will receive the bill from this lawyer, now since last week the addition has been accepted by legal aid, but I also receive the bill for 800.23, now I should have known that it concerns 2012, but not that I have to pay so much myself, in 2013 I had three months of benefits, unfortunately for this job, which I have now lost again due to this accident and from August 1 onwards I will be on sick leave, 100%, so loss of salary. You understand and I am also still recovering in the hospital for 5 days for my back injury and mentally (depression) this is all very difficult for me.