If a loved one dies due to the act of another, for example in an accident, bereaved parties in Westland are entitled to compensation. The legislation provides clear guidelines on who is recognised as a bereaved party and what compensation is possible.
Legal Basis
The right to compensation in the event of death is laid down in Article 6:108 of the Dutch Civil Code (BW). This article specifies which bereaved parties can claim compensation and under what conditions.
Who Qualifies as a Bereaved Party?
| Relationship | Right to Compensation | Specific Conditions |
|---|---|---|
| Spouse or Partner | Yes | Equal treatment in case of registered partnership |
| Children under 18 | Yes | Up to 18 years or in case of ongoing maintenance obligation |
| Adult Children | Limited | Only in case of financial dependency on the deceased |
| Parents | Limited | If the deceased contributed to their maintenance |
| Cohabiting Partner | Yes, with conditions | A joint household is required |
Types of Compensation for Death
The law distinguishes between different forms of damage that bereaved parties can claim.
1. Loss of Maintenance
How Is This Calculated?
Bereaved parties who were financially dependent on the deceased can claim compensation for loss of income:
- Partner: lost income minus own earnings, until retirement or new marriage
- Children: costs for upbringing and maintenance until 18-21 years
- Calculation Method: net family income, fixed expenses and spending patterns
2. Funeral Costs
Which Costs Are Covered?
Reasonable funeral costs are reimbursed, such as:
- Costs for burial or cremation
- Obituaries and advertisements
- Gravestone or urn
- Reception after the funeral
- Floral arrangements and mourning clothes
Note: excessive expenses are not always fully reimbursed.
3. Relational Damage
Pain and Suffering for Grief
As of 1 January 2019, bereaved parties can claim relational damage (Article 6:108 paragraph 3 BW), compensation for emotional suffering due to the loss.
| Relationship | Amount (2024) |
|---|---|
| Spouse/Partner | €17,500 - €20,000 |
| Child under 18 | €17,500 - €20,000 |
| Adult Child Living at Home | €17,500 - €20,000 |
| Adult Child Living Independently | €15,000 - €17,500 |
| Parent | €17,500 - €20,000 |
| Sibling | Not standard, sometimes possible |
In cases of crimes or serious negligence, higher amounts may be awarded.
4. Loss of Care and Household Assistance
If the deceased provided care or performed household tasks, the value thereof can be claimed by the bereaved parties.
Shock Damage in Westland
Separate from death damage, bereaved parties in Westland can claim shock damage for mental injury due to direct confrontation with the accident.
Criteria for Shock Damage
- Direct experience of the accident or its aftermath
- Proof of psychological injury (such as PTSD)
- A close emotional bond with the deceased
- A clear connection between the confrontation and the psychological damage
Step-by-Step Plan for Death Damage
The process of claiming death damage involves several phases, especially in the Westland region via the District Court of The Hague.
Important Steps
- Notice of Liability: inform the responsible party or insurer in writing
- Confirmation of Liability: investigation into the cause and responsibility
- Damage Inventory: overview of all relevant damage items
- Damage Calculation: financial substantiation of income loss
- Negotiations: discussions on the amount of compensation
- Settlement: agreement or legal proceedings
Advances for Bereaved Parties
In acute financial situations, bereaved parties in Westland can apply for advances.
Types of Advances
| Type | Purpose | Amount |
|---|---|---|
| Advance Funeral Costs | Payment of funeral | €5,000 - €15,000 |
| Advance Maintenance | Daily expenses | Periodic amount |
| General Advance | Other expenses | Depending on circumstances |
Advice for Bereaved Parties in Westland
- Seek help immediately from a legal expert, for example via the Juridisch Loket Westland
- Keep all financial records of the deceased
- Apply for advances for urgent costs
- Document your own emotional and financial damage
- Take sufficient time for grief processing