Valuation of Uncertain Medical Developments in Amsterdam Personal Injury Cases
In Amsterdam personal injury claims, often falling under the jurisdiction of the Amsterdam District Court, judges take future medical prognoses into account by discounting good and bad chances. This concerns uncertainties such as recovery chances or deterioration of conditions, common in traffic accidents on busy routes like the A10 or in the city centre. Article 6:98 of the Dutch Civil Code requires a realistic estimate, taking into account medical expert opinions from local specialists at the AMC and statistics from the CBS.
In practice, the judge compares the hypothetical recovery without the accident to the actual condition, with attention to Amsterdam-specific factors such as delayed care due to urban congestion. In the case of cancer following a bicycle accident in the Jordaan, for example, it is weighed whether the disease arose independently. The Supreme Court ruling of 12 July 2013 (ECLI:NL:HR:2013:CA2785) and recent judgments of the Amsterdam District Court emphasise that judges must apply probabilistic methods, adapted to urban injury patterns.
Calculation Methods in Amsterdam Case Law
Percentages are often used: a 60% chance of full recovery reduces the damage claim by 40%, based on data from Amsterdam rehabilitation centres. Experts provide tables with survival chances, taking into account local demographics. Victims must prove that the accident influenced the prognosis, supported by witness statements from the city. Insurers advocate for conservative estimates to prevent overcompensation, especially in high-volume traffic claims.
This approach ensures fairness in the vibrant metropolis, but leads to discussions about subjective estimates. Judges test against reasonableness and fairness under Article 6:2 of the Dutch Civil Code, with reference to Amsterdam pilots for faster settlement.