What does discounting good and bad chances mean in Zoetermeer?
In personal injury cases around Zoetermeer, 'discounting good and bad chances' is essential when calculating compensation. This principle takes into account future uncertainties for the victim. Judges and insurers in the region, such as at District Court of The Hague, weigh what realistically would have happened without the accident in Zoetermeer.
In loss of earning capacity damage, this is particularly relevant: would the victim from Zoetermeer have become unemployed without the accident, or would they have been promoted with higher income?
Legal framework for Zoetermeer: statutory basis
The foundation lies in Article 6:98 DCC, with which the judge estimates the damage based on its nature. Article 6:97 DCC also applies, 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 ex officio investigation into chances is mandatory. Local victims in Zoetermeer can rely on this at District Court of The Hague.
Practice in Zoetermeer regarding earning capacity
In income damage comparison – hypothetical versus actual earnings – chances play a role. In Zoetermeer, with its specific labour market, experts assess this carefully.
Bad chances: risks even without the accident?
Bad chances reduce the compensation, such as:
- Existing health complaints: A back problem that would have led to absence in Zoetermeer?
- Economic factors: Work in shrinking sectors around Zoetermeer?
- Age effect: Close to retirement?
- Uncertain contracts: Temporary jobs without prospects?
This results in a discount on the payment.
Good chances: missed opportunities due to the accident
Good chances increase the damage, such as:
- Promotion: Chance of upward movement in Zoetermeer?
- Income increase: Expected salary increases?
- Training: Switch to better paid work locally?
- Business: Start-up with more earnings?
This causes the compensation to increase.
Evidence and probability in Zoetermeer
Victims prove good chances; insurers prove bad ones. Judges use reasonable probability, with percentages from 10-90%. Contact Legal Aid Office Zoetermeer for help.
| Type of chance | Effect | Burden of proof | Zoetermeer examples |
|---|---|---|---|
| Bad chance | Discount | Insurer | Health issues, local unemployment, sector shrinkage |
| Good chance | Increase | Victim | Promotion, salary increase, local career step, own business |
| Neutral | No adjustment | - | Permanent job in stable Zoetermeer sector |
Help in Zoetermeer
Engage District Court of The Hague (district Zoetermeer) or Legal Aid Office Zoetermeer for advice on your personal injury case.