The final settlement

When can your case be settled?

Many people ask us early in the process when their personal injury case can finally be concluded. That is an understandable question, because you want to move on with your life. However, there is an important condition: a case can only be definitively settled once a final medical condition. This means that you have either fully recovered, or that no further improvement or deterioration of your health is expected.

Why is that so important? Because only then do we have a reliable picture of the long-term consequences of the accident. Only when it is clear which complaints and limitations are permanent can we assess your full damages . If we settle too early, you run the risk that future damages will no longer be reimbursed. In our working method, this moment of settlement is therefore always central as a carefully chosen step, not as a hasty finish line.

Tell your story Free consultation

The final medical condition

The final medical status is the turning point in the final settlement. From that moment on, the lasting consequences of your injury become clear. Sometimes this becomes clear quickly, for example in the case of a bone fracture that heals well. In other cases, such as whiplash, brain injury, or chronic pain, it may take longer for a stable picture to emerge.

How do we determine the final state?

The final medical status is assessed based on medical information from your treating physicians and, if necessary, an independent medical expert opinion. In doing so, an independent physician examines your symptoms, limitations, and the degree of permanent disability. We provide full support throughout this process and ensure that the right questions are asked so that your situation is accurately and completely mapped out.

Patience pays off

We understand that waiting for a final outcome can be difficult. You would prefer to put this period behind you as soon as possible. However, patience is truly in your best interest here. A premature settlement could mean missing out on significant compensation claims, for example, if it later turns out that you are permanently limited in your work or household activities. We closely monitor this moment and consistently explain to you why a particular step is or is not yet sensible. This way, you make a well-considered decision together with us, at the right time.

Sometimes it is possible to receive advances on your compensation during the process, so that you do not have to bear the financial consequences of the accident alone while you wait for the final settlement. We arrange this for you as well, so that you do not run into financial difficulties in the meantime.

The final damage calculation and negotiation

As soon as the final medical condition has been established, we prepare the definitive damage calculation. In this, we consolidate all items of damage resulting from the accident. These include loss of income, costs for domestic help, medical expenses, costs for home modifications, study delays, and compensation for pain and suffering. We look not only at the past but also, and emphatically, at the future.

Future damages are often the most complex part. What does your earning capacity look like in the long term? Do you need permanent help in and around the house? What costs are still to come, for example for medical treatments, assistive devices, or modifications to your home? We calculate this carefully, often with the help of actuaries and labor experts who can calculate the financial consequences far into the future. In doing so, we also take into account factors such as pension accrual, indexation, and the interest you would receive on an amount in the meantime. On the page about compensation, you can read which types of damages may be included.

An accurate damage calculation is the foundation of a successful settlement. The more complete and well-substantiated your assessment of the damage is, the stronger your position in negotiations. We therefore invest the time to thoroughly investigate and document every aspect, because your outcome starts with an accurate calculation.

The negotiation with the opposing party

With the final calculation in hand, we will negotiate on your behalf with the insurer of the liable party. Insurers often aim for the lowest possible amount and try to negotiate away certain items of damage or dismiss them as insufficiently substantiated. We are familiar with these tactics and do not let them influence us. We substantiate every item of damage with documents and arguments and insist on fair, full compensation commensurate with what has happened to you.

You do not need to have a single conversation with the insurer yourself; we do that for you, with the composure and expertise needed to achieve the best possible outcome. We keep you informed every step of the way and always discuss a proposal with you first before proceeding. This way, you remain in control and know exactly what is happening. Only when you are satisfied with the result do we finalize the agreements.

Tell your story Free consultation

The settlement agreement and final discharge

If we agree with the opposing party on the amount of damages, the agreement is recorded in a settlement agreement. This is a legally binding document stating the amount you will receive and the conditions under which the case is closed. A standard component of this is the so-called final discharge.

Final discharge means that, once signed, you can no longer appeal against the damages. The case is thereby definitively closed, even if costs or complaints related to the accident arise later. This makes it the most impactful moment of the entire process. That is precisely why we review the agreement in detail and explain to you in plain language what you are signing and what the consequences are.

We never sign anything without you fully understanding what you are signing for and wholeheartedly agreeing to it. We calmly go through the agreement with you, answer all your questions, and point out areas you need to pay extra attention to. You are in control; we ensure that you can exercise that control with full confidence.

A tax guarantee upon settlement

Compensation for personal injury is, in principle, tax-exempt. However, in some situations, the Tax and Customs Administration may later ask questions regarding (part of) the compensation. To protect you against this, we can have a tax guarantee in the settlement agreement.

With such a tax guarantee, the counterparty commits to bearing any tax liability on your compensation. This prevents you from being faced with an unexpected tax assessment afterwards and ensures that part of your compensation does not disappear. This plays a particularly important role in cases of larger compensation and damage extending over several years, for example in the event of loss of income. We assess on a case-by-case basis whether a tax guarantee is advisable and ensure that it is formulated correctly so that it truly protects you. You can read more about this on our page about the tax guarantee.

Finish carefully, also in the long term

The final settlement is not a formality, but the conclusion of an often intensive and emotional process. Because final discharge means that you can no longer revert to the damages, we always take this step carefully and thoughtfully. We take the time to clearly assess all consequences, including those for the long term.

Our assistance in all of this is completely free of charge for you. The liable party pays our reasonable costs pursuant to Article 6:96 of the Dutch Civil Code, so you keep 100% of your compensation and will never receive a bill. We are affiliated with the NIVRE, the Dutch Personal Injury Quality Mark, and De Letselschade Raad, so you can be certain that you are in good hands.

Would you like to know where you stand in the process, or do you have questions about the settlement of your case? Make a no-obligation appointment or feel free contact us. We will call you back the same working day and are happy to assist you personally. You are in a stronger position than you think.