What does discounting good and bad chances mean in Leiden?
In personal injury claims in the Leiden region, 'discounting good and bad chances' is essential for a fair damage calculation. This principle takes account of future uncertainties for the victim. Judges at the District Court of The Hague, Leiden location, weigh what was likely to have happened without the accident, especially in cases of loss of income.
This is particularly relevant in cases of occupational disability: would the victim from Leiden have become unemployed without the accident, or would they have been promoted?
Legal framework for Leiden
The basis lies in Article 6:98 DCC, under which the judge estimates the damage based on the circumstances, and Article 6:97 DCC 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 mandatory. At the District Court of The Hague, Leiden location (Stationsweg 46), this is applied strictly.
Application to earning capacity in Leiden
For loss of income, the hypothetical (without accident) and actual situations are compared. Both good and bad chances are corrected for.
Bad chances in Leiden practice
Bad chances reduce the compensation, because losses might also have occurred without the accident:
- Pre-existing complaints: A back problem that caused occupational disability.
- Unemployment due to economic conditions: Job losses in vulnerable sectors around Leiden.
- Age effect: Close to retirement age.
- Uncertain contracts: Temporary jobs without prospects.
Insurers often argue for a discount on this basis.
Good chances for Leiden victims
Good chances increase the claim, due to missed opportunities:
- Promotion: Signs of advancement at local employers.
- Salary increase: Expected collective bargaining agreement increases.
- Career step: Training via Leiden university or ROC.
- Entrepreneurship: Start-up plans in the region.
Burden of proof and assessment at Leiden District Court
Victims must prove good chances; insurers bad chances. The 'reasonable probability' standard applies, with corrections of 10-90%. Contact Juridisch Loket Leiden, Stationsweg 46 for free advice.
| Type of chance | Effect | Burden of proof | Leiden examples |
|---|---|---|---|
| Bad chance | Discount | Insurer | Pre-existing conditions, local unemployment |
| Good chance | Increase | Victim | Promotion, study via Leiden University |
| Neutral | No adjustment | - | Stable job in Leiden |
The District Court of The Hague, Leiden location, handles these cases carefully.
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