Loss of Maintenance in Westland Explained

Loss of Maintenance

Loss of maintenance refers to the financial loss suffered by bereaved parties in Westland when a loved one can no longer contribute income to the family due to death. This is a key component of wrongful death damages, alongside grief-related costs or immaterial damage. Bereaved parties can claim this from the liable party, often through the Westland District Court.

When does loss of maintenance arise in Westland?

In the Westland region, loss of maintenance commonly occurs in wrongful death cases due to torts, such as accidents on Westland roads (e.g., N213), errors in greenhouse horticulture, or medical negligence in local hospitals. It covers the income the deceased would normally have provided to the household. Not only partners, but also children or parents can claim if they were dependent.

Example: A breadwinner from Naaldwijk dies in a traffic accident caused by another driver. The family loses emotional and financial support for rent in Wateringen, groceries, or education. Compensation aims to preserve the standard of living as much as possible, with advice from the Westland Legal Aid Office.

Legal Basis

Compensation for loss of maintenance is governed by Article 6:107 CC, which compensates bereaved parties for death-related damage. This stems from tort liability (Article 6:162 CC) and general damage principles (Articles 6:95-6:101 CC). The Westland District Court applies this in local cases.

The Supreme Court provides guidelines through judgments such as ECLI:NL:HR:2000:AA4564 (LTO judgments) for calculations. Only concrete, foreseeable losses count; speculation does not. For civilians, the CC takes precedence over the Wton for specific professions.

Who in Westland Can Claim Compensation?

The circle of bereaved parties is limited:

• Partner (married, registered, or cohabiting);
• Children (including step-/foster children) up to age 21 or studying until 30;
• Exceptionally parents or family with proven dependency.

The judge at the Westland District Court verifies joint household and contributions, using evidence like bank statements or witness statements. The Municipality of Westland assists with death registration.

Calculating Loss of Maintenance

The actuarial calculation is detailed: deceased's net income minus bereaved party's own income, multiplied by life expectancy and capitalized with interest.

The LTO method is often used:

1. Determine annual net income loss.
2. Apply household factor (e.g., 0.7 for two persons).
3. Capitalize over working years with interest (approx. 1.5-2%).

This example shows a €320,000 claim for a 40-year-old from Poeldijk. Local experts provide reports.

Practice in Westland

Example 1: Ms. De Jong (47) from 's-Gravenzande loses her partner, a flower grower earning €55,000 gross. He contributed 75%; their studying children (19 and 21) join the claim. After offsetting AOW/benefits: €480,000 awarded by the Westland District Court.

Example 2: A mother from Monster dies due to medical error. Her 15-year-old son claims €130,000 until adulthood, based on benefit contributions.

Insurers negotiate; proceedings at the Westland District Court take 1-2 years. Start at the Westland Legal Aid Office.

Rights and Obligations of Bereaved Parties in Westland

Rights:

• Full coverage of proven damage.
• Provisional claim (Article 6:140 CC).
• Inflation indexing.

Obligations:

• Prove dependency.
• Offset benefits (ANW Nibeg).
• Cooperate with expert assessments.

Contact the Westland Legal Aid Office for free advice.

Frequently Asked Questions