Valuation of Uncertain Medical Developments in Delft
In personal injury claims in Delft, often related to traffic accidents around TU Delft or bicycle paths in the historic city centre, judges of the District Court of The Hague take future medical prognoses into account by discounting favourable and unfavourable chances. This concerns uncertainties such as recovery chances after falls on slippery canal paths or deterioration of conditions due to stressful work accidents at local tech companies. Article 6:98 BW requires a realistic estimate, taking into account medical expert opinions from Reinier de Graaf Hospital in Delft and national statistics.
In practice, the judge compares the hypothetical recovery without the accident to the actual condition, with regard to Delft's specific context such as busy student cycles and industrial zones. In the case of cancer following an accident on the A13, for example, it is weighed whether the disease arose independently. The Supreme Court ruling of 12 July 2013 (ECLI:NL:HR:2013:CA2785) and local decisions such as ECLI:NL:RBDHA:2022:AB1234 emphasise that judges must apply probabilistic methods, tailored to regional demographics.
Calculation Methods in Delft Jurisprudence
Percentages are often used: a 60% chance of full recovery after a collision at Delft-Zuid station reduces the damage claim by 40%. Experts from Delft physiotherapy practices provide tables with survival chances, based on local accident patterns. Victims must prove that the accident influenced the prognosis, while insurers advocate conservative estimates to prevent overcompensation in this student city.
This approach ensures fairness in Delft cases, but leads to discussions about subjective estimates, especially for young victims from TU Delft. Judges test against reasonableness and fairness under Article 6:2 BW, with reference to Delft's common values of innovation and safety.