Insurance & personal injury
Insurance & personal injury
The handling of personal injury claims is one of our core activities. Historically, various insurers have engaged us for this purpose. Increasingly, businesses and organizations directly confronted with personal injury claims are also reaching out to us.
Handling personal injury claims is delicate and requires lawyers who are demonstrably skilled. If necessary, thorough and fundamental defenses are mounted against claims. The outcome of individual cases involves broad societal interests, including the management of loss and thus the insurability of risks. Attention to the vulnerable position that injured parties and their families may be in is an important core value for us. Our experience shows that this attention contributes to a fair legal debate rather than influencing it.
We have experience with all the key issues involved in handling personal injury claims. We have often litigated on this matter up to the highest authorities. Schooling, however, can never be an end in itself. Equally often, we opt for alternative forms of dispute resolution, such as mediation or the Chamber for Long-Term Personal Injury Cases. The case and circumstances determine the best approach.
In cases where the compensation process is complex – for example, in cases of serious injuries to minors or claims from entrepreneurs – our clients often ask us to think along with them or provide advice at an early stage of the compensation process or on a specific question.
We are also frequently engaged to assess whether liability should be acknowledged or not, whether it concerns accidents in traffic, public transportation, workplace incidents, sports injuries, or events. We have extensive knowledge and experience in these areas. Combined with our in-depth understanding of personal injury compensation, we often manage to achieve quick settlement of claims without admitting liability.
A significant portion of our practice involves cases in which multiple liable parties and insurers are involved. We combine our knowledge of personal injury claims with our special expertise in recourse and concurrency issues. It is important therein to ‘begin with the end in mind’: we are excellent at proactively taking the right steps with our clients, both offensively and defensively.
Recently, we have:
- Advised on complex questions of benefit apportionment, particularly in ‘child damages’ and in investments in alternative housing;
- Advised on capitalization issues, including discount rates and tax matters;
- Negotiated long-standing personal injury claims out of court;
- Advised on potential recourse from a foreign benefits agency;
- Successfully litigated a death claim under an SVI (Supplementary Liability Insurance);
- Successfully litigated a claim of mistake and abuse of circumstances to invalidate a settlement agreement entered into years ago.
Our team for this expertise:
