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Founded in 2009
1 person in their team
English
Grandjean Advocatuur & Mediation is a Netherlands-based legal practice serving clients from locations in Wijhe and Zwolle. The firm is led by mr. I.H. Ireen Grandjean, who has practiced as an attorney since 1987 and has extensive experience in general legal practice, with a particular focus on...
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When a professional’s mistake causes loss in Wijhe

A professional negligence claim may arise when a professional fails to meet the standard of care or skill reasonably expected, and that failure causes provable loss. In Wijhe, the same Dutch civil-liability rules apply as elsewhere in the Netherlands; local circumstances may affect evidence, experts, and where proceedings are heard.

Claims can involve healthcare, legal or financial advice, accountancy, engineering, architecture, or building work. A lawyer can assess whether the professional breached a contractual or legal duty, whether that breach caused the loss, and what compensation may be recoverable.

Wijhe is part of the municipality of Olst-Wijhe in Overijssel. A civil case may fall within the jurisdiction of the District Court of Overijssel, but the correct venue depends on procedural rules and the circumstances of the claim.

When you may need a lawyer

Consider legal advice where the professional disputes responsibility, the loss is substantial, or the evidence requires technical assessment. Common situations for people in Wijhe and the surrounding area include:

  • A healthcare provider’s treatment or follow-up may have caused avoidable injury, and the provider or insurer rejects the complaint.
  • Advice about a house, farm, renovation, or building project may have led to defects, extra costs, or a missed opportunity to prevent damage.
  • An accountant or financial adviser may have made an error in tax, reporting, or investment advice that caused a financial loss.
  • A lawyer or notary may have missed a deadline, failed to explain a material risk, or prepared documents incorrectly.
  • An engineer, surveyor, or architect may have overlooked a defect or given advice that contributed to damage or delay.

A lawyer can help preserve evidence, obtain an independent expert’s view, notify the professional or insurer, and evaluate settlement options. A complaint or disciplinary process may address professional conduct, but it does not necessarily obtain compensation for your loss.

Dutch laws that may apply

  • Dutch Civil Code, Book 6: Contractual non-performance is addressed in Article 6:74, and liability for an unlawful act in Article 6:162. Book 6 took effect on 1 January 1992.
  • Dutch Civil Code, Book 7, including the Medical Treatment Contracts Act (WGBO): The WGBO sets duties for healthcare providers, including the duty of care in Article 7:453. It took effect on 1 April 1995.
  • Healthcare Quality, Complaints and Disputes Act (Wkkgz): This law sets healthcare complaint and dispute requirements, including access to a complaints officer and a recognised disputes body. It took effect on 1 January 2016.

Which rules apply depends on the professional relationship and the type of loss. A lawyer can also check applicable limitation periods and any professional or contractual complaint procedure.

Frequently asked questions

What counts as professional negligence?

It generally means a professional failed to act with the care and skill reasonably expected in the circumstances. You usually need to show that the failure caused loss, rather than merely identify an unsatisfactory result.

Do I need a lawyer to make a claim?

You can first raise a complaint or claim directly with the professional or their insurer. Legal advice is particularly useful where liability is disputed, the loss is significant, or an expert assessment is needed.

What evidence should I keep?

Keep contracts, advice, letters, emails, invoices, photographs, medical records, and a dated account of events. Do not alter original records, and ask promptly about obtaining documents held by the professional.

How long do I have to bring a claim?

For many compensation claims, the general limitation period is five years from the day after you know of the damage and the person responsible. A general long-stop period may also apply, and exceptions or special rules can change the result, so obtain advice promptly.

Can I claim compensation if the professional admits an error?

An admission may help, but it does not automatically establish the amount payable. You may still need to prove that the error caused your loss and provide evidence of the value of that loss.

What if my healthcare complaint is not resolved?

Under the Wkkgz, a healthcare provider must have a complaints procedure and access to a complaints officer. If the complaint remains unresolved, a recognised healthcare disputes body may be available; check whether it can address the remedy you seek.

Is a disciplinary complaint the same as a compensation claim?

No. A disciplinary body considers professional conduct and may impose professional measures, but it generally does not replace a civil claim for compensation. Separate procedures may be needed to pursue both outcomes.

How much does a professional negligence lawyer cost?

Fees may be hourly, fixed for defined work, or arranged another way agreed with the lawyer. Ask for the rate, VAT, likely additional costs such as experts, and an estimate of the next stage before instructing them.

Can I get publicly funded legal aid?

Depending on your income, assets, and the type of case, you may qualify for subsidised legal assistance through the Legal Aid Board (Raad voor Rechtsbijstand). Eligibility limits and any personal contribution can change, so check the current rules before relying on funding.

Will my legal expenses insurance cover the claim?

Check your policy for professional-liability disputes, exclusions, reporting deadlines, and approval requirements. Contact the insurer before instructing a lawyer if the policy requires its consent or offers its own legal assistance.

Do I have to go to court?

No. Some disputes resolve through the professional’s complaints procedure, negotiation, mediation, or a relevant disputes body. If court proceedings are needed, the District Court of Overijssel may be relevant, subject to the rules on venue and claim type.

Do I need a lawyer in court?

Representation rules depend on the type of case and the court division. A lawyer is generally not compulsory for cases before the subdistrict court (kantonrechter), including many claims within its jurisdiction; other civil proceedings generally require an advocaat.

Official resources

  • Netherlands Bar (Nederlandse Orde van Advocaten): Its official lawyer-search service can help you check a lawyer’s registration and locate an advocaat.
  • Legal Aid Board (Raad voor Rechtsbijstand): Provides information about eligibility for subsidised legal assistance and the applicable contribution.
  • Judiciary of the Netherlands (de Rechtspraak): Provides official information about civil court procedures and the District Court of Overijssel.

Next steps

  1. Within a few days, preserve the evidence. Save relevant documents and correspondence, make a timeline, and record any continuing loss or urgent treatment needs.
  2. Check deadlines promptly. Ask a lawyer to assess limitation periods, contractual notice requirements, and any complaint deadlines before they expire.
  3. Identify the right type of lawyer. Use the Netherlands Bar’s official search service and look for an advocaat who handles professional-liability disputes relevant to your profession or loss.
  4. Arrange an initial consultation, often within one or two weeks. Ask whether the lawyer has handled comparable claims and whether an independent expert may be needed.
  5. Request a written fee and funding explanation before instructing the lawyer. Confirm the hourly rate or fixed fee, VAT, likely expert costs, legal-aid eligibility, and insurance approval requirements.
  6. Agree the first actions and review date. Confirm who will notify the professional or insurer, what records are needed, and when the lawyer will reassess liability, loss, and settlement options.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.