In the Netherlands, determining damages for personal injury remains a complex and often opaque process. The lack of clarity in judicial reasoning makes it difficult for victims and lawyers to understand how valuations are arrived at. Let’s discuss a recent development called the ‘Rotterdam Scale’, a promising project that aims to address this lack of transparency.
The challenge of compensation for damages in the Netherlands
In the Netherlands, the determination of damages is still shrouded in mystery. This is emphasized in an article by Kees Pijnappels, in which private law professor Siewert Lindenbergh speaks. The highest amount of damages ever awarded by a civil judge is 200,000, while a criminal court in a similar case reached 3.500,000. This raises questions about the consistency and transparency of such decisions.
The puzzle nature of determining damages
Lindenbergh compares the current process of determining compensation for damages with a “search puzzle”, where lawyers often have to browse through the ANWB’s Compensation for Compensation book. This book, although considered standard, provides only a collection of statements with limited guidance. The article points out the lack of a clear framework for determining damages, which reinforces the call for more structure and clarity in the process.
The Rotterdam Scale as an answer
In response to these challenges, the ‘Rotterdam Scale’ is being introduced, a research project at the Erasmus School of Law. Led by Lindenbergh and colleague Marnix Hebly, this project aims for a structured approach to determining damages. The project uses the English Guidelines for the Assessment of General Damages and adapts them to the Dutch context.
Not a normative model, but a compass
It is important to note that the Rotterdam Scale is not a normative model; judges retain their freedom to decide. However, it does provide a compass with which judges can orient themselves on awards in similar cases. Lindenbergh emphasizes that it provides more insight into how much compensation is common within certain categories, giving judges better starting points.
The importance of the Rotterdam Scale
The article underlines the importance of the Rotterdam Scale in improving transparency in personal injury cases. The initiative not only provides a structured approach to determining damages amounts, but also creates a platform for continuous improvement, with the expectation that it will become a “living product”.
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Source: https://magazine. advocatenblad.nl/2024-02/rotterdamse-scale-wil-houvast-bieden-bij-schade/