When negotiations regarding personal injury do not lead to a desired solution, full proceedings at the court in Utrecht may be necessary. This concerns a complete lawsuit in which the judge makes a definitive judgment.
When to opt for full proceedings?
Full proceedings are only initiated if an amicable settlement proves impossible.
Reasons to litigate
| Reason | Explanation |
|---|---|
| Disputed liability | The insurer refuses to acknowledge liability |
| Disputed causal link | The link between the injury and the accident is not accepted |
| Dispute over damage amount | No agreement on the amount of compensation |
| Impending limitation period | Proceedings to prevent limitation |
| Important legal question | A principled issue that requires a judgment |
Competent court in Utrecht
The competence of the judge is determined by the amount of the claim.
Judicial competence
| Claim amount | Competent judge | Type of proceedings |
|---|---|---|
| Up to €25,000 | Subdistrict judge | Simpler, lawyer not always required |
| More than €25,000 | District Court of Central Netherlands | Lawyer required |
| Appeal | Court of Appeal | Lawyer mandatory |
| Cassation | Supreme Court | Special cassation lawyer required |
Course of full proceedings
Full proceedings involve multiple stages.
Steps in the proceedings
- Summons: official start with the claim and argumentation
- Defence: response from the defendant
- Reply: response from the claimant to the defence (not always)
- Rejoinder: response from the defendant to the reply (not always)
- Hearing: oral hearing, often with an attempt at settlement
- Evidence: witness statements, expert reports, documents
- Plea: oral explanation (optional)
- Judgment: definitive decision by the judge
Time and costs in Utrecht
Full proceedings at the District Court of Central Netherlands cost both time and money.
Duration
- First instance: 1 to 3 years
- Appeal: additional 1 to 2 years
- Cassation: another 1 to 2 years
- Total over three instances: 4 to 7 years
Financial burdens
| Type of costs | Estimate |
|---|---|
| Court fees | €314 to €4,200 (depending on case value) |
| Lawyer costs | €10,000 to €50,000 or more |
| Expert reports | €3,000 to €15,000 |
| Personal expenses (travel costs, leave) | Varies |
Court costs in Utrecht
The losing party is often ordered to pay court costs, but this reimbursement covers only a fraction of the actual costs.
Liquidation tariff
The reimbursement for court costs follows the liquidation tariff, with fixed amounts per procedural step. This usually compensates only 10-30% of the actual lawyer costs.
Location and support in Utrecht
For cases in Utrecht, you can go to the District Court of Central Netherlands, located at Vrouwe Justitiaplein 1. For legal advice, you can contact the Legal Counter Utrecht at Catharijnesingel 55.