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How Much Should Be The Indemnity Claim For Accident Occured In Netherlands?

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How Much Should Be The Indemnity Claim For Accident Occured In Netherlands?

Postby conwy » Mon Sep 18, 2017 11:31 pm

I had suffered an accident in 2008 in netherlands when i was in a tour. Now settlement lawyer over there is handling my case for claim settlement.I want a rough idea on how much should the indemnity claim should be ?

the hospital report where i was treated in Netherlands reads as follows:

"diagnosed with mandibular fracture(parasymphyseal, mid palatal fracture, severe nose fracture.

Under general anesthesia ,reduction & fixation of mandibular fracture was done (with leibinger 2.0 osteosynthesisplate and screws).Lacerations in upper and lower lip were done with non-resorbable stitches and must be removed after 1 week.In the same session ENT surgeons did reducton of nose fracture and put tampondressings(merocell) and nose cast to stabilize the fracture.

Postoperatively displacement of midpalatal fracture was seen which was reduced under local anesthesia and fixated with a leibinger 1.7 osteosyntesisplate and screws"

now the local dentist in india whom i consulted for further treatment made the following report i.e a disability certificate

"he had severe pain on percussion on all teeth in the mandibular anterior region due to trauma in the anterior maxillofacial region.On examination he had a lingual abcess in the region of the mandibular incisors.loss of vitality of the same teeth.generealized pain and sensivity in all the teeth.periodontal surgery was performed in the mandibular region and root canal treatment was done for the 2 central incisors.patient still had grade 2 mobility on his mandibular left central incisor.

The patient has a remnant midline diastema which severely compromises his esthetics.Pain and sensitivity in the maxillary anterior region which may necessitate further orthodontics & root canal treatment.further stabilization of lower incisors may be necessary."

Now the dutch lawyer looking into my case is including all the costs that were beared , like the compensation for tour cancellation, hotel charges , hospital charges ,etc. But he is putting the indemnity amount as 2000 euro. I asked him regarding that , he says his medical advisor has gone through the reports and letters and according dutch law indemnity amount will be 2000 euro.

Obviously i m not happy with that amount , as i know what i have suffered, i have to live with a disfigured face for the rest of my life , you know what i m talking about . So wat do you think should be the correct indemnity amount ?? And from where can i get further knowledge regarding this dutch law for indemnities ??

Thanx a ton for replying
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Joined: Mon Oct 29, 2012 9:33 pm

How Much Should Be The Indemnity Claim For Accident Occured In Netherlands?

Postby Aiden » Mon Oct 09, 2017 12:09 pm

Tricky case this. Dutch legal system isn't big on damages.

Way this reads to me, you severely smashed your face. The jaw and nose damage were fixed, the teeth trouble were not handled. That in itself isn't strange. Common with these injuries is first to treat the structural damage, after that has had some chance to heal then the dentists starts work.

You're looking at two different kinds of damages here. The direct results of the incident itself. If you had a travel insurance which paid part of it then the figure of 2k isn't that strange. That amount is estimated to make sure the accident and the direct results don't cost you much money.

The other damage is the permanent disfigurment. Now if this was in the UK or the US you could expect to settle for a low 6 figure amount (and probably retire in India with that kind of money).

This: http://www.lsa.nl/zoekadvocaat.asp is a union of lawyers specialising in these cases. Put in the zip code near where the accident occurs and see what you get. Contact a few, see if anyone's interested in the case.
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Joined: Sat Jan 18, 2014 6:05 am

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