Loss of Maintenance Explained for Utrecht

Loss of Maintenance in Utrecht

Loss of maintenance refers to the financial loss suffered by dependants in Utrecht when a loved one dies and can no longer contribute to their income. This forms a key part of death-related damages, alongside funeral costs and non-material damage. Affected families can file this claim with the Utrecht District Court against the liable party.

When does loss of maintenance arise in Utrecht?

In the Utrecht area, loss of maintenance commonly arises in cases of death due to torts, such as accidents on the A2 or in the city centre, medical errors in local hospitals, or workplace incidents on construction sites. It covers the income loss that the deceased would have invested in the family. Not only partners, but also children or parents qualify if they depended on that support.

Example: A breadwinner from Utrecht dies in a collision on Catharijnebaan. Dependants then struggle with bills for rent in Kanaleneiland, daily groceries, and study costs at Utrecht University. Compensation helps maintain their standard of living.

Legal basis

Compensation for loss of maintenance is governed by Article 6:107 of the Dutch Civil Code, which compensates dependants for damage caused by death. This falls under tort liability (Article 6:162 of the Dutch Civil Code) and general damage provisions (Articles 6:95-6:101 of the Dutch Civil Code). The Utrecht District Court follows guidelines from Supreme Court rulings such as ECLI:NL:HR:2000:AA4564 (LTO rulings). Only realistic, foreseeable losses are considered. For civilians, the Civil Code takes precedence; special laws such as the Wton apply to military personnel or police officers.

Who in Utrecht can claim compensation?

The circle of entitled parties is limited to:

• Partner (married, registered or in a durable partnership);
• Children (including step- or foster children) up to age 21 or studying up to 30;
• Exceptionally parents or family members with proven dependency.

The Utrecht District Court verifies dependency based on facts such as shared living expenses and bank transfers. Contact Het Juridisch Loket Utrecht for free advice.

Calculating loss of maintenance

The actuarial calculation is detailed: deceased's net income minus dependant's own income, multiplied by life expectancy and capitalised. The LTO method (Life Course Tables Maintenance) is widely used:

1. Establish annual net income loss.
2. Apply household factor (e.g., 0.7 for two people).
3. Capitalise over working years with interest (usually 1.5-2%).

This illustrates a possible €238,000 claim for a 40-year-old Utrechter. Local experts provide precise reports.

Examples from Utrecht practice

Example 1: Mrs Jansen from Overvecht (45) loses her partner in a truck accident on the A27. He earned €60,000 gross and covered 70% of household costs. Their studying children (18 and 20, Utrecht University) join the claim: total €450,000 after deducting state pension and benefits.

Example 2: A mother from Zuilen dies due to a hospital error. Her 16-year-old daughter receives €120,000 until adulthood, due to maintenance-like contributions from benefits.

Insurers often negotiate; proceedings at Utrecht District Court take 1-2 years.

Rights and obligations of dependants in Utrecht

Rights:

• Full coverage of proven damage.
• Provisional claim (Article 6:140 of the Dutch Civil Code) for urgent costs.
• Indexation against inflation.

Obligations:

• Prove dependency.
• Offset benefits (such as ANW benefits).
• Cooperate with experts.

The Utrecht Municipality sometimes offers additional support; start at Het Juridisch Loket Utrecht.

Frequently asked questions