Who bears the burden of proof in Leiden cases?
In personal injury cases before the District Court of The Hague, Leiden division, the primary burden of proof for loss of chance discounting rests with the victim (article 150 Rv). However, the judge investigates relevant facts ex officio (article 6:98 BW), particularly relevant in local workplace accidents around Leiden University or university hospital LUMC. Insurers must substantiate adverse chances with expert reports, aligned with regional data from the Leiden region.
The judgment HR 11 May 2018 (ECLI:NL:HR:2018:807) emphasizes that speculative chances do not count; only plausible scenarios, such as career reduction for Leiden academics. Procedurally, the Leiden district court often orders the appointment of experts, with input from local labor experts.
Tips for parties in Leiden
Victims from Leiden gather incident data, LUMC medical records, and detailed career history; insurers use probabilistic models based on regional employment figures. Objection to expert reports can be made via article 200 Rv at the District Court of The Hague. Courts of appeal, including in The Hague, uphold binding advice, unless manifestly unreasonable.
This approach, tailored to the Leiden context, prevents trial-and-error and increases predictability in local personal injury and employment disputes.