Liability for Personal Injury Damage Act: rules and pitfalls

The Mass Damage Settlement Act in the Personal Injury Class (Wamkl) regulates the efficient settlement of injury claims, particularly in traffic accidents and medical errors. Victims are entitled to an advance within six months and final settlement within three years. Insurers must follow a protocol with independent medical expertise. Pitfalls: late notification leads to limitation after five years (art. 3:310 BW). Pain and suffering capacities depend on the duration and intensity of the injury. The personal liability insurance (AVP) often covers, but excludes fraud. Mediation via NMi is mandatory in disputes. The Amsterdam Court of Appeal recently ruled on disproportionate discounts. Victims must document all damage: material, immaterial and relational suffering. The Quality, Complaints and Disputes in Healthcare Act (Wkkgz) applies to medical claims. Premium impact for employers in payroll insurance. Experts recommend claim handlers for complex cases. This act promotes speed and fairness, but requires vigilance on deadlines. (201 words)