What does discounting good and bad chances mean in Westland?
In Westland, in the calculation of personal injury damages, 'discounting good and bad chances' is essential. This principle takes account of future uncertainties for the victim. Judges and insurers in the region, such as at the District Court of The Hague (Westland district), weigh what was likely to have happened without the accident.
In loss of earning capacity damage, this is crucial: would the victim in Westland's greenhouses or horticulture sector also have become unemployed without the accident? Or could they have been promoted to a better-paid role?
Legal framework: statutory basis
The foundation lies in Article 6:98 DCC, with which the judge estimates the damage appropriately to its nature. Article 6:97 DCC also plays a role, for past and future loss of profits.
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. Local case law at the District Court of The Hague follows this strictly.
Practice in Westland for earning capacity
For income damage, you compare the 'hypothetical' (without accident) and 'actual' situation. In Westland, with seasonal work in glasshouse horticulture, local factors weigh heavily.
Bad chances: risks even without the accident?
Bad chances reduce the compensation, such as:
- Existing complaints: Back problems due to heavy horticulture work, leading to dropout?
- Market fluctuations: Contraction in Westland greenhouses due to competition?
- Age: Close to state pension age in physical work?
- Flexible contracts: Seasonal workers without permanence?
This justifies a discount on immaterial and material damage.
Good chances: missed opportunities due to the accident
Good chances increase the claim, such as:
- Promotion: From picker to foreman in a Westland company?
- Salary negotiations: CAO increases in horticulture?
- Retraining: To administration or logistics for higher pay?
- Entrepreneurship: Starting one's own flower shop?
This increases the damage compensation.
Evidence and probability at the District Court of The Hague
Victims prove good chances; insurers bad ones. The judge applies reasonable probability (10-90%). Contact Juridisch Loket Westland for free advice.
| Type of chance | Effect | Burden of proof | Westland examples |
|---|---|---|---|
| Bad chance | Discount | Insurer | Back complaints horticulture, seasonal unemployment, end of CAO |
| Good chance | Increase | Victim | Promotion to foreman, retraining, own business |
| Neutral | No adjustment | - | Permanent job in stable sector |
Help in Westland
Engage District Court of The Hague (district) or Juridisch Loket Westland for local procedures.