Personal injury after an accident: what to do?

Questioner

At a party my daughter was hit in the head with a chair for no reason. It is known who threw the chair. She got a lot of blood on her clothes, so the question is whether that can be cleaned. In addition, she had to have three stitches above her eye. It remains to be seen to what extent that will be permanently visible. What are the possibilities for liability and who should I approach in the first instance?

Lawyer

First of all, how old is your daughter and how old is the perpetrator? Depending on the age of the perpetrator, you can still go to the parents. If your daughter is 18 or older, she will have to pursue the damage herself. As for clothing, you are entitled to damages of the current value. That is always difficult to determine with clothing. You should then ask yourself what the garment would have fetched if you had sold it second-hand, that gives a reasonable indication. Whether the liability insurer of the perpetrator covers it depends on whether it was purely an accident or whether there was intent. In the latter case, you run the risk that the insurer will not cover the damage and you will therefore have to recover directly from the perpetrator. I suspect that this was a torn eyebrow, bleeding profusely but the permanent damage to the face is usually very minor and therefore only results in a small compensation. In short, if you want to speak to the perpetrator, it is probably best to call him or his parents first. If that is not an option, you can also hold him/them liable in writing without talking to them, with the request to forward this to their third-party insurance. If there was abuse, your daughter would be wise to file a report. Whether the juice is worth the squeeze is up to you. Stupid things sometimes happen at teenage parties (witness the scar in my son's eyebrow). Accidents happen and as a lawyer/teenage mother I don't bother with the above unless it was really outrageous. I would politely offer, if my child were the perpetrator, to compensate the victim for any damages. Practical tip, always wash blood with cold water, warm water will not make it better.

Questioner

My daughter is 16 years old, so is the perpetrator. The scar is about 3 cm above the eyebrow and would therefore be visible. In addition, it was a cool, deliberate throw, the intention was to hit someone else, unfortunately my daughter was the victim. I have already spoken to the perpetrator on the phone and I will call his parents this evening.

Lawyer

I have looked again at the compensation for facial injuries. A small but visible scar on the face yields around €500 in damages and a serious dog bite €2000. If you can't figure it out, you can contact a personal injury lawyer. Ask if it is possible to have an initial consultation for an assessment of the case without costs or for a small amount. Otherwise it will cost you more than it will ever yield.

Lawyer

The costs of medical treatment, including possible plastic surgery to minimize scarring, are direct consequential damages. If this would not be reimbursed by the health insurer, this would result in a claim that could be much higher than the always very limited claim for pain and suffering in the Netherlands. My advice is to check what your insurer covers and have a formal notice of liability sent by a lawyer if the damage is greater than expected.

Questioner

Is it necessary to file a report with the police?

Lawyer

no, not that.