What does evidence collection entail under the principle of audi alteram partem?
In personal injury cases, evidence collection forms the backbone of the audi alteram partem (hear the other side) principle. As a victim, you must convincingly demonstrate how the accident occurred and what damage you suffered. This right is guaranteed under Article 152 of the Dutch Code of Civil Procedure (Rv), which obligates parties to exchange all relevant evidence.
Practical Strategies
Collect witness statements, photographic material, and medical records immediately after the incident. In traffic accidents, the police report is crucial. Responding to counter-evidence, such as insurer reports, is essential. You may request a counter-expertise in accordance with Article 6:97 of the Dutch Civil Code (BW).
- Submit medical files and specialist reports
- Examine witnesses for cross-examination
- Digitize evidence for efficient proceedings
Violation of evidence exchange may result in the inadmissibility of the opposing party. Consult a personal injury lawyer to strengthen your position and counter unfair tactics. This maximizes your compensation for damages.
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