Many collisions occur every year, whether as a driver of a car, on a bicycle or as a pedestrian. In some countries you receive more compensation for injuries after a collision than in other countries.
In this blog we mainly compare the costs paid after a collision. Because in one country you pay your own personal injury lawyer and in other countries the costs are reimbursed by the government or the liable party. For example, if you are hit by a car in The Hague in the Netherlands, you can hire a personal injury lawyer in The Hague (Dutch: letselschade advocaat Den Haag) for free. However, if you are hit by a car 100 kilometers further in Belgium, you will pay the costs of a personal injury lawyer yourself. This while we are dealing with 1 Europe. How is this possible?
What is personal injury
Before considering the costs of a personal injury lawyer in Eindhoven (Dutch: letselschade advocaat Eindhoven) or Berlin, it is important to know what personal injury actually is.
Personal injury is the damage that someone sustains in traffic, at work or at home, for example due to a dog bite. If someone is injured in a collision or complaints arise, this often results in damage. This is called personal injury.
Personal injury compensation consists of many types of damages. Firstly, there are the costs that are incurred. This concerns medical costs, travel costs and costs for household help. However, sometimes income damage also occurs, namely if someone becomes incapacitated due to an accident. This damage is also eligible for compensation.
In addition to material damage, there is also compensation for damages. This is compensation for the suffering caused to the traffic victim as a result of the traffic accident. Compensation for damages is compensation for psychological complaints such as road anxiety, but also for sadness, anger, frustration and pain complaints. If there are injuries or complaints, you are always entitled to compensation for damages.
Comparative costs of personal injury lawyers
The cost of hiring a personal injury lawyer varies significantly across different countries. In the Netherlands, for example, legal fees for personal injury cases are often covered by the liable party or through government schemes. This means that victims do not have to worry about the financial burden of legal representation, allowing them to focus on recovery. In contrast, in Belgium, victims often have to cover their own legal expenses, which can add significant financial strain on top of their physical and emotional recovery.
This variation in legal costs is not limited to Europe. In the United States, for instance, personal injury lawyers typically work on a contingency fee basis, meaning they take a percentage of the settlement or court award. While this can make legal representation accessible to those without upfront funds, it also means that a significant portion of the compensation goes to legal fees.
Why the disparity?
The differences in how personal injury claims are handled can be attributed to varying legal frameworks and cultural attitudes towards liability and compensation. In countries like the Netherlands, there is a strong emphasis on ensuring that victims are not further disadvantaged by financial burdens. This is reflected in their legal system, which often provides for the coverage of legal costs by the liable party.
On the other hand, in countries like Belgium and the United States, there is a greater emphasis on individual responsibility and the principle that legal services are a market commodity. This means that victims are often required to pay for their own legal representation, which can be a significant barrier to accessing justice.