On 19 May 2021, the Gelderland District Court handed down an interesting ruling. The case underlying it was as follows. On the night of 24-25 December 2017, the plaintiff (hereinafter: the woman) and the defendant (hereinafter: the man) were with a group of friends in cafĂ© @Dronten in Dronten. When they were outside again at […]
Day: 9 January 2024
Liability of parent for lack of supervision; parents beware!
An interesting judgment of the Rotterdam District Court, in which the father of a minor claimed that it should be established that the father had acted unlawfully towards his minor son. The ultimate aim was, of course, that the minor son would be able to claim compensation for his damages from his father’s liability insurer […]
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Taxability of damage compensation
Do you have to pay taxes on your damage compensation? Your personal injury case is coming to an end: the amount of your damage compensation has been determined and the next step is to sign a settlement agreement with the liable party. In this phase, many victims wonder whether tax must be paid on the […]
Suspension of wages or no right to wages?
Suspension of wages or no right to wages? An employee who is sick has the right to salary for two years. However, there are situations in which there is no right to salary. These are: If the employee caused the illness intentionally; For the period during which the employee obstructs or delays recovery; For the […]
Is an employer liable for the consequences of a burnout?
The short answer is “yes”, but in practice it is quite difficult. Employers are already quickly liable for damage that an employee suffers during work. Employers have a duty of care towards their employees and must prevent employees from suffering damage in the performance of their duties. The Dutch Supreme Court has already ruled in […]
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Fraud in personal injury cases
Mr Nejla Ugur joined ELFI Letselschade in Rotterdam in 2019. She originally studied law at the Free University in Amsterdam. In March 2019, she made the switch to the legal profession. Nejla has written a blog on the increased fraud in the personal injury industry. After her studies, Nejla worked for more than five years […]
Reimbursement of black income
Photo: Mr. Sanne M. ten Hoove. Sanne ten Hoove is a Letselschade jurist at Randstad Personenschade in Rotterdam and wrote this blog about the so-called reimbursement of black income. Do income that has not been taxed (so-called black income) qualify for compensation in personal injury cases? The discussion about this has been hotly debated lately. […]
The complaint obligation in work accidents
You don’t expect it, but an accident can happen anywhere, including a work accident. Such an accident can have far-reaching negative consequences for the victim. This includes, for example, losing your job (after prolonged illness) and therefore also your salary. In such a case, it is nice if you can claim your damage from the […]
Breakdown on holiday
You have everything booked, your belongings already packed, and you are ready to go on holiday. You have arrived at your destination and are enjoying your holiday, but unfortunately you suffer personal injury during your holiday, confronting you with medical expenses, for example. Do you have to bear all these costs yourself? The real question […]
Compensation for pain and suffering: A Band-Aid on the wound
What is compensation for pain and suffering? When you experience a negative event, you feel bad. If you are injured in a traffic or work accident, you experience pain, stress, and discomfort. If someone insults you and spreads lies about you, you are naturally angry. The same is true when someone violates your privacy. You […]
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