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Evidence Collection and the Principle of Audi Alteram Partem: Strategies for Personal Injury Claims

Discover strategies for evidence collection in personal injury claims under the principle of audi alteram partem. From witness statements to counter-expertise: protect your rights effectively.

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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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