What does discounting good and bad chances mean in Delft?
In the calculation of personal injury damages in the Delft region, 'discounting good and bad chances' plays a key role. This principle takes account of future uncertainties for the victim. Judges and insurers in the District Court of The Hague (district Delft) weigh what was likely to have happened without the accident, especially in local cases.
In loss of earning capacity damage, it is relevant: would the victim in Delft have become unemployed without the accident? Or would they have been promoted at a local employer?
Legal framework: statutory basis
The basis is Article 6:98 DCC for damage assessment and Article 6:97 DCC for suffered and lost profit. 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. In Delft cases, the District Court of The Hague applies this consistently.
Practice regarding earning capacity in Delft
Determining hypothetical (without accident) and actual earnings determines income loss. Local factors such as the Delft labour market are taken into account.
Bad chances: risks even without the accident?
Bad chances reduce compensation, such as:
- Pre-existing complaints: Back problems leading to absence, even in Delft?
- Unemployment: Contraction in local tech or university sectors?
- Age: Near retirement age?
- Temporary jobs: Flexible contracts with TU Delft-related firms?
This leads to a reduction in damages.
Good chances: missed Delft opportunities?
Good chances increase compensation, e.g.:
- Promotion: At local companies or university?
- Salary increase: Expected collective bargaining agreement increases?
- Career step: Training for high-tech jobs in Delft?
- Entrepreneurship: Startup in Delft innovation hubs?
The victim misses these due to the accident.
Burden of proof and probability
The victim proves good chances; the insurer proves bad chances. The judge uses reasonable probability (10-90%). In Delft jurisprudence from the District Court of The Hague, this is often seen.
| Type of chance | Effect | Burden of proof | Delft examples |
|---|---|---|---|
| Bad chance | Reduction | Insurer | Pre-existing conditions, local unemployment, sector contraction |
| Good chance | Increase | Victim | Promotion TU Delft, salary growth, high-tech career, startup |
| Neutral | No adjustment | - | Stable job in Delft without risks |
Assistance in Delft
Court: District Court of The Hague (district Delft). Advice: Legal Desk Delft. Contact for personal injury cases involving chance discounting.