The Medical Advisor for Personal Injury Victims in Delft
In Delft, the victim's medical advisor plays a key role for residents who have suffered injuries from an accident, such as a collision on Phoenixstraat or a fall at a construction site. This independent physician safeguards your interests by assessing the medical impact of the incident, including recovery time and permanent disability. This article explains the role, your rights, and practical tips, with a focus on Delft residents and local resources like the Juridisch Loket Delft.
What Does a Victim's Medical Advisor Do in Delft?
The victim's medical advisor is an expert in insurance or occupational medicine, engaged on your behalf as a victim from Delft. Unlike the insurer's advisor, who seeks to minimize costs, this physician is entirely on your side. They review files, conduct examinations, and provide counter-expertise on the link between your injuries—for example, from a bike accident near TU Delft—and your complaints.
For a fair personal injury process, your own advisor is essential, especially in complex claims like neck pain after a collision on Rotterdamseweg. The Juridisch Loket Delft strongly recommends this and offers free initial advice.
Legal Basis for Residents of Delft
This role is grounded in Book 6 of the Civil Code, with Article 6:162 for unlawful acts and Article 6:97 for compensation of personal injury damages. The advisor establishes the causal link. The Medical Treatment Agreement Act (Article 7:446 of the Civil Code) guarantees your rights to access files and appoint your own expert. Disputes are handled by the District Court of The Hague.
The Personal Injury Guidelines and Code for Dispute Management in Personal Injury require insurers to provide advice, but you can always demand counter-expertise. The Municipality of Delft offers support through local partners for reintegration after workplace accidents.
Practical Examples from Delft
Imagine cycling through Delft's city center and crashing due to an open manhole cover, resulting in back pain. The insurer downplays it through their advisor. Your own medical advisor re-evaluates the file, recommends a scan, and proves the connection, leading to higher compensation for pain and suffering.
In a workplace accident, such as a fall from scaffolding at a Delft company, the advisor assesses work incapacity and loss of income (Article 6:96 of the Civil Code). For psychological injuries after a burglary in your Midden-Delfland home, they use DSM-5 to substantiate PTSD.
Your Rights and Obligations in Delft
Rights as a victim:
- Free choice: Select via your lawyer or the Juridisch Loket Delft.
- Information: Full access to files (Medical Treatment Agreement Act).
- Cost reimbursement: Covered by the opposing party if successful (Article 6:96 of the Civil Code).
- Second opinion: Engage a new expert if dissatisfied.
Obligations of the advisor:
- Remain objective and independent.
- Maintain confidentiality.
- Provide a comprehensive report with prognoses.
- Offer advice on therapy or District Court of The Hague proceedings.
You must cooperate honestly to validate your claim.
Comparison: Your Advisor vs. the Insurer's
| Aspect | Your Medical Advisor | Insurer's Advisor |
|---|---|---|
| Interests | Maximizes your claim in Delft | Minimizes payout |
| Independence | Chosen by you, paid by opposing party | Appointed by insurer |
| Role | Counter-expertise | Primary examination |
| Costs | Reimbursed via claim | Paid by insurer |
Frequently Asked Questions for Delft
Do I always need to engage my own advisor?
No, it's not mandatory, but wise for disputed injuries. In straightforward cases, the insurer's report suffices; if in doubt, contact the Juridisch Loket Delft.