Who bears the burden of proof?
In the discounting of probabilities, the primary burden of proof rests on the victim (article 150 Rv), but the judge must investigate relevant facts ex officio (article 6:98 BW). Insurers must substantiate bad probabilities with expert reports.
The ruling HR 11 May 2018 (ECLI:NL:HR:2018:807) clarified that speculative probabilities do not count; only plausible scenarios. Procedurally, the court advises the appointment of experts.
Tips for procedural parties
Victims collect incident data and career history; insurers use probabilistic models. Objection to expert reports is possible via article 200 Rv. Courts of appeal reject binding advice, unless manifestly unreasonable.
These rules prevent trial-and-error and promote predictability in personal injury cases.