Compensation process: Lawyer and Registered Valuator at work
Compensation is more than just a matter of law or calculation. In practice, Registered Valuators and personal injury lawyers often work alongside each other. When legal and economic expertise converge, a sound conclusion is achieved. A case can only be successfully concluded if the legal framework is sound and the economic calculation is complete. In this blog post, you'll first find the most important information, after which we'll work through a practical case for illustration.
What is the compensation process?
The compensation process goes beyond just legal proceedings or financial calculations. The collaboration between a lawyer and a Registered Valuator creates a strong foundation for full compensation. Four key advantages of this integrated approach:
1. Clear legal basis
The lawyer establishes liability and the causal link so that the claim has a solid foundation and is not later reversed.
2. Detailed damage assessment
The Registered Valuator calculates all direct and indirect damages, such as loss of capital, lost profits and additional costs.
3. Strengthened negotiating position
With legal arguments and numerical substantiation, the injured party will have a stronger position vis-à-vis insurers and opposing parties.
4. Maximum compensation
By taking into account tax consequences, additional costs and non-material damage, a complete picture of the damage is created and nothing remains unused.
The division of roles in personal injury cases
In personal injury files, lawyers, such as personal injury attorneys, and Registered Valuators connect with each other. Below are the two roles and their main tasks:
The lawyer
Liability
: Determining whether an unlawful act has occurred on the basis of Article 6 of the Civil Code.
Causal relationship
: Demonstrate that the damage suffered is a direct result of the unlawful act.
Legal frameworks
: Insight into relevant legal articles and case law, so that there is a solid legal basis for the claim for damages.
The Registered Valuator
Damage calculation
: To determine specifically how much financial loss, lost profit and additional costs the injured party has suffered.
Hypothetical scenarios
: Comparing the actual financial situation with the hypothetical situation without the loss event (Difference Hypothesis).
Complexity and substantiation
: Collecting data, forecasts and market information to arrive at a verifiable and convincing calculation.
Legal Frameworks and the Difference Hypothesis
The legal basis is essential for a correct calculation of damages. First, Article 6:95 of the Dutch Civil Code is examined. This stipulates that the person legally obligated to compensate damages must compensate both financial loss and other losses (such as non-pecuniary loss).
Article 6:96 of the Dutch Civil Code then elaborates on what constitutes financial loss. The article defines financial loss as incurred losses (direct financial shortfalls), lost profits, and reasonable costs to assess, recover, or mitigate damages.
The difference hypothesis is then used to calculate the damages by comparing the actual financial position after the incident with the hypothetical position without the incident. The difference between these two situations represents the actual financial loss. Three key components determine the damages estimate:
Causal element
: The damage must be causally related to the event that caused the damage. Without that event, the damage would not have occurred.
Comparative element
: The calculation is based on a comparison between the actual situation (after the damage event) and the hypothetical situation (without the event).
Hypothetical element
: When determining the hypothetical situation, a forward-looking approach is taken: how would the financial position have developed if the loss event had not occurred?
In complex cases, the Registered Valuator performs an independent, numerical analysis of the hypothetical situation versus the actual situation, with the necessary substantiation and verifiability. This is essential when a claim is being disputed in legal proceedings or negotiations.
Unseen damages
Not all damages are immediately apparent. The following are defensible under Articles 6:95 and 6:96 of the Dutch Civil Code, but require economic justification:
Additional costs
: Additional costs resulting from expenses and/or investments that the party suffering the damage had to make to minimize the damage and/or that are a direct consequence of the damage.
Legal costs
: Lengthy legal proceedings entail not only personal contributions and consultancy fees, but also indirect costs such as loss of time and administrative burdens.
Non-material damage
: Years of litigation concerning someone's livelihood can lead to long-term stress, feelings of injustice, and reputational damage. The emotional impact is difficult to quantify, but it is certainly significant.
Common pitfalls
Common errors often creep into a compensation process that can undermine the outcome. Avoid these pitfalls:
Late or incorrect litigation
: Missing deadlines for applications, objections or requests for review may result in loss of rights.
Incomplete file structure
: Inadequate collection of medical, financial, or factual data weakens both legal and economic justification.
Limited scope of the damage analysis
: Those who focus only on primary costs (e.g. medical bills) often leave important additional items unaccounted for.
Unclear or insufficient substantiation
: A calculation without clear assumptions, data or forecasts will not be convincing in an objection, appeal or negotiation.
Why collaboration pays off
The combined efforts of a lawyer and a registered valuator are essential in a compensation claim process. Below are five key points for optimal compensation for SMEs:
Collaborate interdisciplinary
: A lawyer and a registered valuator complement each other. While the lawyer establishes liability and causality, the valuator provides detailed financial substantiation of all damages.
Ensure the legal basis
: The lawyer assesses liability, monitors the causal link, and applies relevant legal articles (Articles 6:95 and 6:96 of the Dutch Civil Code) to ensure your claim has an unassailable foundation.
Make a numerical calculation
: The Register Valuator translates direct losses and (in)direct costs into concrete amounts.
Integrate theory and figures into a convincing dossier
: Combine legal arguments with the differentiation hypothesis and substantiated forecasts so that your claim holds up both on paper and in negotiations.
Provide recognition and compensation
: Only by fully recovering all components of damages, from legal costs to non-material damages, will the entrepreneur not only get his money back, but also recognition for the suffering suffered.
Practical case WIA benefit
Below is a practical example that illustrates the collaboration between a lawyer and a Registered Valuator. We walk through the WIA benefits procedure for a self-employed person step by step and demonstrate how legal and economic steps converge to achieve full compensation.
Sickness notification and first WIA application
In May 2018, a self-employed person reported sick due to an accident. The standard waiting period for a WIA benefit is 104 weeks. Because he voluntarily took out WIA insurance, he submitted an application in November 2018 with a shortened waiting period (i.e., before the 104-week period expired). In January 2019, the UWV rejected his application, stating that recovery was still possible.
Objection, appeal and medical situation
The man disagrees with the rejection and files an objection. He then appeals the decision. These procedures are time-consuming, while his medical condition doesn't improve. It wasn't until May 2020, after the regular waiting period, that he reapplied for WIA benefits.
WGA award and revision
In May 2021, the UWV (Employee Insurance Agency) awarded him a WGA benefit, based on a disability percentage of 72.71 percent. A month later, they revised the benefit because they subsequently took into account income from his business. As a result, the benefit was set lower.
New objection, appeal and CRvB ruling
The man again appeals both the May 2021 and June 2021 decisions. He claims he is entitled to a full IVA benefit (80-100 percent disability), not from 2020, but from 2018. This leads to a lengthy legal procedure between the client and the Employee Insurance Agency (UWV). The Central Appeals Tribunal ultimately rules that he is entitled to a full IVA benefit (80-100 %) with a shortened waiting period from January 2019 and from May 2020.
Damages in this case
After the UWV had reimbursed the outstanding benefit with interest, the lawyer and Registered Valuator identified the following additional costs:
Additional tax burden
: Due to a one-off additional payment, the benefit fell into a higher tax bracket, which led to additional levies.
Financial damage
: Pending the IVA benefit, the client was unable to obtain a mortgage and alternative financing was only possible on unfavorable terms.
Loans and interest charges
: Borrowing money was necessary temporarily to cover living expenses; the interest and closing costs would have been unnecessary if payments had been made on time.
Conclusion
The judge not only corrects the actual percentage of disability and confirms that the shortened waiting period applies from January 2019, meaning that the lawyer who led the legal basis, retroactivity, and objection and appeal procedures, and the Registered Valuator, who developed the financial loss calculation, including the difference hypothesis and hidden damage items, have seen their respective contributions to a full and substantiated compensation award returned.
Why choose Match Plan?
At Match Plan, we combine legal and economic expertise to effectively support your claim. Our specialists have years of experience in complex claims procedures and know exactly what steps are needed. We support you with:
- Establishing the correct legal basis for your claim.
- Monitoring the causal link between unlawful conduct and damage.
- Carrying out a detailed, verifiable economic damage calculation.
- Combining legal arguments and numerical analyses into a convincing case.
- Connecting you with experts in claims procedures through our extensive network, so you always have the right legal support.
Contact us and find out how we can help you obtain full and fair compensation.
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