Valuation of Uncertain Medical Developments in Westland
In personal injury claims in Westland, often related to greenhouse work or traffic accidents on the busy roads around 's-Gravenzande and Naaldwijk, judges take future medical prognoses into account by discounting favourable and unfavourable chances. This concerns uncertainties such as recovery chances after back injuries or deterioration of chronic conditions due to intensive labour. Article 6:98 of the Dutch Civil Code requires a realistic estimate, taking into account medical expert opinions from local specialists at Westland Hospital and regional statistics on occupational injuries.
In practice, the judge compares the hypothetical recovery without the accident to the actual condition, as in the case of a glasshouse grower from Monster who develops cancer after a fall. The Supreme Court ruling of 12 July 2013 (ECLI:NL:HR:2013:CA2785) emphasises that judges must apply probabilistic methods, which in Westland cases leads to meticulous balancing of work-related risk factors.
Calculation Methods in the Westland Context
Percentages are often used: a 60% chance of full recovery after a knee injury in the greenhouse reduces the damage claim by 40%. Experts from the Regional Medical Expertise Centre provide tables with survival chances, tailored to the physically demanding sector. Victims must prove that the accident influenced the prognosis, while insurers from cooperatives advocate for conservative estimates to prevent overcompensation, partly due to the high density of agricultural accidents in Westland.
This approach ensures fairness in the region, but leads to discussions about subjective estimates, especially for seasonal workers. Judges test against reasonableness and fairness under Article 6:2 of the Dutch Civil Code, with reference to district court rulings in The Hague for Westland-specific cases.