How much does a personal injury lawyer cost? This is how the costs work

the costs of a personal injury lawyer are borne by the liable party — not by yours. This is not a favor, but the law: Article 6:96 paragraph 2 of the Dutch Civil Code stipulates that reasonable legal assistance costs are part of your damages and are therefore included in your claim. As long as someone else is liable for your injury, you generally pay nothing for good legal assistance. On this page, you can read exactly when this is the case, what you do and do not have to pay yourself, and what to look out for.

The short answer

• What does it cost: in a recoverable personal injury case, nothing for you — the liable insurer pays the reasonable costs of legal assistance (Article 6:96, paragraph 2 of the Dutch Civil Code).
• When free of charge: as soon as another party is (potentially) liable for your injury and the case is recoverable. This applies to the vast majority of cases.
• When not: if no one else is liable, or if you choose an approach with a success fee or other percentage — then part of your compensation may be withheld.
• Our agreement: we work 100% paid by the insurer. No upfront hourly rate, no percentage of your compensation.

How much does a personal injury lawyer cost in a recoverable case?

The short answer to the question of what a personal injury lawyer costs surprises many victims: in a recoverable case, you pay nothing yourself. This is because the law views the costs of legal assistance as part of your damages. Therefore, whoever is liable for your injury is also liable for the reasonable costs you incur to recover those damages.

Article 6:96 paragraph 2 of the Dutch Civil Code lists three types of costs that you may recover in addition to your actual damages:

• the costs for preventing or limiting damage;
• the costs of determining damage and liability — think of medical advice and mapping out your items of damage;
• the costs of obtaining satisfaction out of court — in other words, the costs of negotiating with the insurer.

The work of a personal injury lawyer or personal injury expert falls precisely into those last two categories. Therefore, you can receive assistance without it costing you money, as long as the opposing party is liable. You can find the official text of the article on wetten.overheid.nl.

Why “100% paid by the insurer”?

Because the costs of legal assistance are recovered from the liable party, your representative bills their hours directly to their insurer. You receive your full compensation; the costs of the assistance are entirely separate from this. That is what we mean by 100% paid by the insurer: no advance payment from you, no invoice afterwards, and no percentage deducted from your compensation.

The fact that this process runs so smoothly is partly due to the Code of Conduct for the Handling of Personal Injury Claims (GBL) of the Personal Injury Council. Insurers who adhere to this code reimburse the reasonable out-of-court costs of your legal representative. You can read more about how to recognize such a reliable party further on.

What falls under “reasonable” costs?

The law deliberately refers to reasonable costs. An insurer is not required to reimburse an unlimited amount; the costs must be proportionate to the case. This is assessed using the so-called double reasonableness test:

1. Was it reasonable to incur costs? In cases of injury caused by another, calling for help is almost always reasonable.
2. Are the costs reasonable? The number of hours spent and the hourly rate must be commensurate with the nature and scope of the case.

In practice, this rarely leads to problems with an experienced advocate who works transparently. In major or matter-of-principle cases, the level of costs may become part of the negotiation, but that takes place between your advocate and the insurer — not at your expense.

Lawyer, legal expert, or personal injury specialist: does it make a difference to the costs?

For your wallet, in a recoverable case, it makes no difference whether you are assisted by a lawyer, a personal injury legal expert , or a Registered Expert in Personal Injury (NIVRE): in all cases, reasonable costs fall under Article 6:96 of the Dutch Civil Code. However, it is good to know that most personal injury cases are settled out of court. For this, a specialized personal injury legal expert or personal injury specialist is often just as effective as a lawyer — and a lawyer is only strictly necessary when litigation before the court is required.

Would you like to read more about the distinction between a lawyer and a legal expert? You can find that in our article on hiring a personal injury lawyer. You can find more about exactly how legal assistance for personal injury is arranged in our explanation of legal help and on the page about our team of specialists.

When do you pay (part of) the costs yourself?

There are situations where recovering costs does not happen automatically. Be aware of this:

• No one else is liable. If you sustained your injury through no fault of another, there is no opposing party to bear the costs. Recourse is therefore not possible.
• Liability is uncertain or disputed. If it has not yet been established that another party is liable, you theoretically run the risk that costs will not be reimbursed. A good legal representative will discuss this honestly with you in advance.
• You opt for a success fee or another percentage. Some agencies work with a percentage of your compensation. That may seem attractive, but it means that part of *your* money goes towards costs — whereas in a recoverable case, those costs are already paid by the insurer.
• Your own legal expenses insurance. If you have legal expenses insurance, you can use it, but this is often not necessary for recoverable personal injury damages. You can read more about this later in our articles.

The golden rule: never let a percentage of your compensation be deducted for something the opposing party is already required to pay by law. Unsure about an offer? Feel free to submit it to us free of charge.

What costs can you claim in addition to legal assistance?

The costs of your legal representative are just one part. Your claim for damages should also include all other costs you incur as a result of the accident. An experienced personal injury firm ensures that you don't miss out on anything:

• medical costs and deductible not covered by your health insurer;
• travel expenses to doctor, hospital and physiotherapy;
• lost income and loss of earning capacity;
• domestic help and informal care by relatives;
• compensation for the suffering and pain inflicted upon you (Article 6:106 of the Dutch Civil Code).

You can read how to calculate and substantiate this in our explanation regarding compensation for personal injury and on the compensation. Specifically regarding compensation for suffering and pain, you can find more under non-material damage and on the page about pain and suffering.

What should you look out for regarding the costs?

Not every company is transparent about costs. Therefore, check before you place an order:

• Not a percentage of your reimbursement. Explicitly ask whether the assistance is paid 100% by the insurer, or if a success fee applies.
• Clear agreements in writing. A good advocate establishes in advance how costs will be recovered and what happens if the case unexpectedly proves unrecoverable.
• Quality mark and registration. Choose a party with the National Personal Injury Quality Mark and a NIVRE Registered Personal Injury Expert.
• Independence. Your advocate serves your interests, not those of an insurer.

Honest recommendation

Don't let the question “how much does that cost?” hold you back — those costs are actually the least of your worries. In a recoverable case, you pay nothing, and a good personal injury lawyer or legal expert more than earns back their fee because you receive full compensation for your damages instead of accepting an offer from the insurer that is too low.

But be honest with yourself as well: if you only have property damage and no personal injury, you do not need a personal injury expert — you arrange that directly with your insurer. And if no one else is liable, there is little to recover. Are you unsure whether your case is recoverable? That is exactly what the free intake is for. We will tell you honestly whether it makes sense, and what it will cost you: as a rule, nothing.

Do you want to know where you stand? Schedule a free consultation or request a free intake . We will assess your case free of charge and claim your maximum compensation.

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