What does discounting good and bad chances mean in Rotterdam cases?
In Rotterdam personal injury cases, 'discounting good and bad chances' is essential when calculating compensation. This principle takes account of future uncertainties for the victim. Judges and insurers in the Rotterdam region weigh what would realistically have happened without the accident, especially in port- and logistics-related incidents.
In loss of earning capacity damage, this is crucial: would the victim have become unemployed in the Rotterdam labour market without the accident, or would they have been promoted in the busy shipping sector?
Legal framework: basis in the law
The foundation lies in Article 6:98 of the Dutch Civil Code, which obliges the judge to estimate damage appropriate to its nature. Article 6:97 of the Dutch Civil Code also plays a role, with compensation for past and future losses.
The Supreme Court confirmed this in judgments such as HR 5 March 2004 (ECLI:NL:HR:2004:AM9069), in which investigation into chances ex officio is prescribed. Rotterdam district courts apply this consistently.
Application to earning capacity in Rotterdam
In income damage, the 'hypothetical' (without accident) and 'actual' situation are compared. In Rotterdam, local factors such as the port economy are taken into account.
Bad chances: risks even without the accident?
Bad chances reduce the compensation, such as:
- Pre-existing complaints: A back problem that would have led to dropout in the physically demanding Rotterdam logistics.
- Unemployment due to economic conditions: Contraction in shipping or container sector.
- Age effect: Close to state pension age in a demanding sector.
- Unstable jobs: Flexible contracts in the Rotterdam flex market without permanent prospects.
This results in a reduction in the benefit.
Good chances: missed opportunities due to the accident
Good chances increase the damage, such as:
- Promotion: Step up to management in the port.
- Salary increase: Annual collective bargaining agreement increases in Rotterdam collective agreements.
- Reorientation: Retraining to IT logistics with higher wages.
- Self-employed: Start-up in maritime services with potentially high income.
This causes the compensation to increase.
Evidence and probability at the District Court of Rotterdam
Victims prove good chances; insurers prove bad chances. Judges use 'reasonable probability', with estimates of 10-90%. In Rotterdam cases, regional experts are taken into account.
| Type of chance | Effect | Burden of proof | Rotterdam examples |
|---|---|---|---|
| Bad chance | Reduction | Insurer | Port contraction, physical wear, flex work |
| Good chance | Increase | Victim | Port promotion, collective agreement growth, retraining |
| Neutral | No adjustment | - | Stable office job in Rotterdam |
Help in Rotterdam
Contact the District Court of Rotterdam at Wilhelminaplein 100-125 or the Legal Aid Office Rotterdam at Westblaak 180 for advice on your personal injury case.