When a loved one dies due to an accident, surviving dependents in Westland are entitled to compensation. This includes costs for the funeral and loss of financial support.
Who is entitled to file a claim?
In Westland, the following surviving dependents can file a claim:
- The spouse or registered partner
- Children who are not yet of legal age
- Persons who were financially dependent on the deceased
Which costs are reimbursed?
| Type of damage | Explanation |
|---|---|
| Funeral costs | Reimbursement for burial or cremation |
| Loss of income | The income that the family now misses |
| Loss of household assistance | Value of tasks performed by the deceased |
| Relational damage | Compensation for emotional pain (fixed amounts) |
| Shock damage | Compensation for direct witnesses to the accident |
What is relational damage?
Since 2019, surviving dependents in Westland can claim relational damage. This is a fixed compensation for the grief they experience:
- Partner: between €17,500 and €20,000
- Children: between €17,500 and €20,000
- Parents: between €17,500 and €20,000
- Siblings: €17,500
The final amount is determined by the circumstances of the death, such as sudden death or death after illness.
Loss of financial support
If the deceased was the main breadwinner, surviving dependents in Westland can claim the lost income:
- Calculation of the income received by the family
- Adjustment for any benefits such as survivor's pension or pension
- Conversion to a lump-sum payment
Can adult children file a claim?
Adult children in Westland can only file a claim if they were financially dependent on the deceased. For relational damage, they are entitled regardless of dependency.What if the deceased leaves no partner?
In that case, the claim for loss of income by a partner lapses. Other surviving dependents can still claim relational damage and funeral costs.Which funeral costs are covered?
In Westland, reasonable costs for a dignified funeral are reimbursed, such as costs for burial, cremation, mourning cards, and other direct expenses.Frequently asked questions about death compensation in Westland
What is the time limit for claiming death compensation?
You generally have five years from the date of death to file a claim. For minors, this period starts at age 18. However, it is advisable to act quickly, as evidence becomes harder to obtain over time.
Can stepchildren or foster children file a claim?
In Westland, stepchildren and foster children can only claim if they were financially dependent. For relational damage, only statutory or recognized children are entitled, unless a court recognizes a family bond.
How is loss of income calculated?
This is determined based on the net income contributed by the deceased to the household, minus benefits. The amount is often converted to a lump-sum payment, taking into account factors such as inflation and life expectancy.
What does 'loss of household assistance' mean?
This concerns the value of tasks such as cleaning or childcare performed by the deceased. The reimbursement is calculated based on hours and a standard rate for household assistance.
Is shock damage possible without being present at the accident?
Shock damage can only be claimed if you personally witnessed the accident or its immediate aftermath and suffered severe psychological injury as a result. A medical report is required to prove this.
What to do if the claim is rejected by the insurer?
If your claim in Westland is rejected, you can file a written objection with the insurer, substantiated with evidence. Consider legal assistance via the Juridisch Loket Westland or an attorney at the District Court of The Hague.