A preliminary expert report provides the opportunity to obtain an independent expert report outside of an extensive lawsuit. This can be useful to assess the viability of a case or to get stalled negotiations back on track in Utrecht.
What does a preliminary expert report entail?
A preliminary expert report is a legal procedure in which, via a petition, a judge appoints an expert to answer specific questions. The resulting report can serve as a basis for negotiations or a subsequent lawsuit.
Statutory regulation
This procedure is laid down in articles 202-207 of the Code of Civil Procedure (Rv). It is a preliminary evidence measure, comparable to a preliminary witness examination.
When is applying for it useful?
Applying for a preliminary expert report can offer a solution in various scenarios in Utrecht.
Practical applications
| Circumstance | Objective |
|---|---|
| Dispute over cause and effect | Establish relationship between injury and incident |
| Conflict over medical condition | Objective assessment of limitations |
| Disagreement over permanent disability | Determine percentage of permanent disability |
| Stagnation in negotiations | Force a breakthrough with a neutral opinion |
| Assessment of litigation prospects | Evaluate whether a case is worthwhile |
How does the procedure proceed in Utrecht?
Applying for a preliminary expert report is done via a petition to the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht.
Key steps
- Submit petition: with clear motivation of the interest and the questions to be posed
- Response of opposing party: they may file objections or propose additional questions
- Hearing: oral hearing at the court
- Decision: judge determines whether the petition is granted and which questions are posed
- Appointment of expert: after agreement on the selected person
- Payment of advance: the applicant pays the expert's costs in advance
- Investigation: the expert conducts the investigation and prepares a draft report
- Response of parties: opportunity to comment on the draft
- Final report: the expert finalizes the report
Cost overview
The costs for a preliminary expert report can add up considerably in Utrecht.
Overview of cost items
| Type of costs | Estimate |
|---|---|
| Court fee | €314 (2024 rate, individual) |
| Expert costs | Between €2,000 and €10,000 or more |
| Lawyer costs | €2,000 to €5,000 |
Important note: The applicant must pay the advance for the expert. In the event of a favorable judgment, these costs may possibly be recovered from the opposing party.
Selecting an expert
The choice of a suitable expert is essential for the reliability and usability of the report in Utrecht.
Selection criteria
- In-depth knowledge in the relevant field
- Experience with personal injury cases
- Independence vis-à-vis both parties
- Membership of a recognized professional organization (such as NVMSR or LRGD)
- Acceptance by all involved parties
Importance of the formulation of questions
A clear and comprehensive formulation of questions largely determines the value of the final report.
Standard IWMD formulation
In medical investigations, the IWMD formulation is often used, which includes among others:
- Complaints and limitations of the person involved
- Diagnosis of the situation
- Relation to the accident
- Hypothetical situation without accident
- Percentage of permanent disability
- Expected developments (prognosis)
Evidentiary value in Utrecht
A report from a preliminary expert report has strong legal value.
Influence on a case
- Binding on parties, unless convincingly contradicted
- Judges generally follow the conclusions of the report
- Deviation only with very strong arguments
- A new investigation is rarely approved
Pros and cons of the procedure
Advantages
- Neutral and authoritative opinion
- Helps break negotiation deadlock
- Provides insight into the success chances of a case
- Faster than a full substantive procedure
Disadvantages
- High costs, especially the advance
- Possibility of an unfavorable outcome
- Procedure can take a long time (sometimes 1-2 years)
- Binding outcome, even if negative
Practical advice for Utrecht
- First consult with the insurer about a joint expertise
- Formulate a question that addresses all important aspects
- Select an expert with specific experience in personal injury
- Ensure all relevant medical records are available
- Utilize the opportunity to respond to the draft report
Relevant institutions in Utrecht
Court: District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal aid: Juridisch Loket Utrecht, Cathari