What do we know about the well-being of claimants in compensation processes?
نویسندگان
چکیده
For some time now, there has been discussion among lawyers in the Netherlands about the position of personal injury victims in liability law. Questions have been raised as to how victims experience the compensation procedure. Several aspects have been criticised, such as the role of lawyers and insurance companies. A study done by Stichting De Ombudsman showed that lawyers sometimes forget to inform the claimant, do not explain the procedure, are slow to do their work, or are not competent to deal with the matter. Insurance company representatives were found to portray claimants as liars, to decline requests for advances, and to adopt a rude attitude towards claimants.1 Additionally, a study commissioned by the Dutch Ministry of Justice demonstrated that there is an exclusive focus on financial compensation rather than on victims’ non-material needs.2 Victims want, for example, to be acknowledged and to be taken seriously. They also want to know precisely what happened and to obtain justice. However, legal professionals often do not take time to deal with these aspects. This was considered to be particularly striking because in the field of personal injury the law holds that recovery takes precedence over compensation.3 Finally, in his study Weterings observed that claims settlement processes are often both lengthy and costly, which is frustrating claimants and impeding recovery.4
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تاریخ انتشار 2013