What does discounting good and bad chances mean in Tilburg?
In Tilburg and surrounding areas, discounting good and bad chances plays a key role in personal injury calculations. This principle takes into account future uncertainties for the victim. Judges and insurers in the region, such as at the Zeeland-West-Brabant District Court, weigh what realistically would have happened without the accident.
This is particularly relevant in cases of occupational disability: would the victim in Tilburg have become unemployed without the accident, or would they have been promoted with a higher income?
Legal framework: statutory basis
The foundation lies in Article 6:98 DCC, which obliges the judge to estimate damage appropriate to its nature. Article 6:97 DCC also compensates for suffered loss and lost profit.
The Supreme Court confirmed this in judgments, such as HR 5 March 2004 (ECLI:NL:HR:2004:AM9069), which prescribes ex officio investigation into chances. Local cases at the Zeeland-West-Brabant District Court, Wilhelminapark 100 in Tilburg, follow this line.
Practice regarding earning capacity in Tilburg
In income damage, the hypothetical earning situation without the accident is compared to the actual one. Both good and bad chances are corrected for.
Bad chances: risks even without the accident?
Bad chances reduce compensation, such as:
- Existing complaints: Back disorders leading to absence in Tilburg factories?
- Unemployment: Contraction in local logistics or retail?
- Age: Close to state pension age?
- Temporary work: Temporary jobs without prospects in the region?
This results in a reduction in damage.
Good chances: missed opportunities due to the accident
Good chances increase the claim, such as:
- Promotion: Step up with a Tilburg employer?
- Salary increase: Expected CAO increases?
- Reskilling: Course for a better job via UWV Tilburg?
- Business: Start-up in the Textile City?
This increases the compensation.
Evidence and probability
The victim proves good chances; the insurer proves bad ones. The judge tests against reasonable probability, with percentages from 10-90% depending on the facts.
For advice: Zeeland-West-Brabant District Court, Wilhelminapark 100, Tilburg or Juridisch Loket Tilburg, Spoorlaan 364.
| Type of chance | Effect | Burden of proof | Tilburg examples |
|---|---|---|---|
| Bad chance | Reduction | Insurer | Health issues, local contracting sectors |
| Good chance | Increase | Victim | Promotion, reskilling, own business |
| Neutral | No adjustment | - | Permanent job in stable industry |