We are primarily active in Liability & Insurance and in particular in Personal Injury. You can come to us for anything that has to do with liability, injury or insurances. Furthermore, we offer mediation services.
Liability: Crimes of violence
If you incur physical or emotional damage due to a crime of violence or due to abuse, then you can hold the person who caused you this damage liable and recover the damages. In the case of a crime, the question of liability will not be a hard one to prove. This is different, of course, if the actual circumstances are hard to determine. Then delivering proof could become more complicated.
Is the perpetrator insured?
If the perpetrator has taken out liability insurance for private persons, then he or she can make use of this to cover the damages. The insurer might invoke the intent-clause in the policy, as a consequence of which he will not have to pay damages. The question is, however, whether this clause has rightly been invoked. This depends on the circumstances of the case. See also: Insurances: Liability insurance for private persons.
Perpetrator not insured
If the perpetrator has no such insurance, then the damages will have to be recovered from him or her personally. If he or she is not solvent (or the victim is afraid of approaching him), then the Netherlands has a Damage Fund for Victims of Violence (Schadefonds Geweldsmisdrijven). If the injury is permanent and serious, then this Fund will pay out a symbolic compensation. This Fund can be approached up to a year after the incident occurred.
If the perpetrator is brought to trial, then the victim can join a claim for civil damages. In that case, we can represent you.
- After an accident, the two drivers end up in an argument. The one hits the other on the head with a hammer, causing a cracked skull.
- A couple of youngsters are bar-hopping. There is a fracas whereby one of the youngsters feels put upon and hits someone in the eye, causing blindness of this eye.
- Indecent assault / rape, within or not within the context of a family, with long-lasting psychological consequences.
Maarten Tromp Advocaten Postbus 30131,
3001 DC Rotterdam
Tel. 010 - 205 66 10
Fax. 010 - 205 53 25
John van der Wouden, LLM
Maarten Tromp, LLM
Eva Spijkerman, LLM
All our services are rendered on the basis of an agreement with Maarten Tromp Advocaten BV.
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