What does discounting good and bad chances mean in Rijswijk?
In the calculation of personal injury damages in Rijswijk, the concept of 'discounting good and bad chances' plays a crucial role. This legal concept entails that in determining compensation, account is taken of uncertainties regarding the future development of the victim. Not all future events can be predicted with certainty, and therefore the judge or insurer must weigh what would probably have happened without the accident. In the Rijswijk region, which falls under the District Court of The Hague, this is applied strictly.
Discounting good and bad chances is particularly relevant in cases of impairment to earning capacity. For example: would the victim from Rijswijk also have lost earning capacity without the accident? Or conversely: would the victim perhaps have advanced in their career and earned more in the local labor market without the accident?
Legal framework: statutory basis in Rijswijk
The obligation to discount good and bad chances is grounded in Article 6:98 of the Dutch Civil Code, which provides that the judge must estimate the damage in the manner most consistent with its nature. In addition, Article 6:97 of the Dutch Civil Code plays a role, stating that both incurred and lost profits are eligible for compensation. At the District Court of The Hague, which handles cases from Rijswijk, this is consistently observed.
The Supreme Court has confirmed in various judgments that discounting good and bad chances is a legal obligation. In the Supreme Court judgment of 5 March 2004 (ECLI:NL:HR:2004:AM9069), the Supreme Court ruled that the judge must ex officio investigate whether there are good or bad chances that affect the extent of the damage. Local case law from the District Court of The Hague follows this line.
Practical application to earning capacity in Rijswijk
In calculating income loss following an accident in Rijswijk, it must be established what the victim would have earned without the accident (the so-called 'hypothetical situation') and what the victim can now still earn (the 'actual situation'). The difference constitutes the income loss. In both situations, good and bad chances may play a role, taking into account the regional economy around Rijswijk.
Bad chances: what might have gone wrong even without the accident?
Bad chances are circumstances that might have led to the victim missing income even without the accident. Examples include:
- Pre-existing conditions: Did the victim have a back condition that would also have led to disability in the long term without the accident?
- Cyclical unemployment: Did the victim work in a shrinking sector around Rijswijk with high unemployment?
- Age: Was the victim approaching retirement age?
- Temporary contracts: Did the victim only have temporary contracts without prospects of permanent employment in the region?
These bad chances result in a reduction in the compensation. The reasoning is that part of the income loss might have occurred even without the accident.
Good chances: what could the victim have achieved in Rijswijk?
Good chances are positive developments that would probably have occurred without the accident. Examples include:
- Promotion opportunities: Was the victim about to be promoted at a local employer?
- Salary growth: Were periodic increases to be expected in the Hague region?
- Career switch: Was the victim pursuing training for better-paid work near Rijswijk?
- Entrepreneurship: Did the victim want to start their own business with higher income in Rijswijk?
These good chances result in an increase in the compensation, because the victim has missed these opportunities due to the accident.
Burden of proof and probability at the District Court of The Hague
The victim generally bears the burden of proof for the damage. This means the victim must demonstrate that there were good chances. Conversely, the liable party (often the insurer) must demonstrate that there were bad chances that limit the damage. For advice in Rijswijk, you can contact the Rijswijk Legal Aid Office.
The judge applies the criterion of reasonable degree of probability in the assessment. Absolute certainty is not required, but there must be a substantial chance. Case law from the District Court of The Hague shows that percentages between 10% and 90% are applied, depending on the specific circumstances.
| Type of chance | Effect on damage | Burden of proof | Typical examples |
|---|---|---|---|
| Bad chance | Reduction in compensation | Liable party | Pre-existing conditions, unemployment, sector developments |
| Good chance | Increase in compensation | Victim | Promotion, salary increase, career development, entrepreneurship |
| Neutral situation | No correction | None | Stable labor market position without special features |
Role of the District Court of The Hague and Rijswijk Legal Aid Office
District Court of The Hague (Rijswijk district) handles personal injury cases and applies discounting strictly. For free advice: Rijswijk Legal Aid Office.
### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation