Today, a draft of the Rotterdam Scale has been published for consultation. The document provides a framework for compensation for pain and suffering related to injury and other personal violations. The scale offers an overview of an appropriate compensation amount for a specific type of case. The aim is to support legal practice by providing an accessible overview and reference points for estimating compensation. The English Guidelines for the Assessment of General Damages in Personal Injury Cases and the Irish Personal Injury Guidelines have been significant sources of inspiration in preparing the document. The project is being carried out by Erasmus School of Law researchers Marnix Hebly, Siewert Lindenbergh, Willianne Oudijk, and Aster Schreuder.
For years, estimating compensation for pain and suffering in the Netherlands has been a point of discussion, with a desire for greater clarity, consistency, and efficiency. The need for better organization has been intensified by the significant increase in the number of judgments from criminal courts frequently awarding compensation. This has brought more attention to the differences between judgments.
Inspired by the – already frequently mentioned in legal literature – merits of the English Guidelines and encouraged by the enthusiasm for the English model expressed during a judicial study day on pain and suffering in October 2022, Hebly and Lindenbergh began a research project in early 2023 aimed at developing a scale for injuries and other cases eligible for compensation, organized by the severity of cases, with corresponding compensation amounts, per case type with ranges and factors affecting placement within the range. The English Guidelines for the Assessment of General Damages in Personal Injury Cases and the Irish Personal Injury Guidelines have been a major inspiration for the design. The research has been funded by the Council for the Judiciary since late 2023, and the research team has been strengthened with Aster Schreuder and Willianne Oudijk.
A first draft has been published on the Rotterdam Scale website for consultation in the fall of 2024 (September-December). Responses can be submitted in writing until the end of 2024. Additionally, there will be opportunities to discuss the document with the researchers during two expert meetings scheduled for 15 and 16 October on the campus of Erasmus University Rotterdam. Based in part on the results of the consultation phase, work will proceed towards a subsequent version, which is expected to be delivered to the Council for the Judiciary around mid-2025.
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Download the consultation version of the Rotterdam Scale here.
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