WILLEMSTAD – Victims of personal injury in Curaçao are expected to gain a stronger position in disputes with insurers starting January 1, 2026, with the introduction of the Rotterdam Injury Scale 2025. According to attorney Richard Pols, the new scale will become the standard in the Netherlands for determining non-material damages and will also have direct implications for Curaçao.
The Rotterdam Injury Scale was developed by researchers at the Erasmus School of Law on behalf of the Council for the Judiciary in the Netherlands. The system provides a structured and up-to-date framework for assessing compensation for non-material damages, ranging from minor injuries to permanent disability, based on recent case law. Its aim is to reduce large discrepancies in compensation awarded in similar cases.
According to Pols, insurers often offer compensation amounts that are too low for pain, suffering, and loss of enjoyment of life, leading to prolonged disputes. The new scale introduces, for the first time, an objective and widely supported reference point that judges and lawyers can use in both negotiations and court proceedings.
The Dutch judiciary has recommended that courts apply the Rotterdam Injury Scale as the standard guideline, requiring judges to justify any deviations. From 2026 onward, the scale will serve as a fixed reference in both criminal and civil cases in the Netherlands. While Curaçao is not formally bound by Dutch guidelines, developments in Dutch jurisprudence traditionally carry significant weight in local courts.
A key issue for Curaçao remains the conversion of compensation amounts from euros to Caribbean guilders. In the past, this conversion has sometimes resulted in lower awards. However, Curaçao courts have previously ruled that the seriousness of an injury does not diminish simply because a victim lives on the island. Pols argues that proper application of the Rotterdam Injury Scale therefore supports equal valuation of non-material damages, with a fair and accurate conversion to local currency.
Pols is calling on Curaçao lawyers to actively incorporate the Rotterdam Injury Scale into their legal practice and to consistently use it in court cases and negotiations with insurers. According to him, the scale represents an important step toward greater transparency, legal certainty, and equal treatment of injury victims.