When a loved one dies due to an accident, surviving relatives in Utrecht are entitled to compensation. This may include, among other things, funeral costs and loss of income.
Who is eligible to file a claim?
In Utrecht, the following surviving relatives can file a claim:
- The spouse or registered partner
- Children under 18 years of age
- Persons who were financially dependent on the deceased
What damage can be claimed?
| Type of Damage | Description |
|---|---|
| Funeral costs | Expenses for burial or cremation |
| Loss of maintenance | Income no longer provided to the household |
| Loss of domestic services | Value of tasks performed by the deceased |
| Grief damage | Compensation for emotional pain (fixed rates) |
| Shock damage | Compensation for witnesses to the accident (separate claim) |
What is grief damage?
Since 2019, surviving relatives in Utrecht can claim grief damage, a fixed compensation for bereavement:
- 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 amount is determined by the circumstances of the death (sudden or after illness).
Loss of maintenance
If the deceased was the main breadwinner, surviving relatives in Utrecht can receive compensation for the lost income:
- Calculation of the amount received by the family
- Adjustment for benefits such as survivor's pension or pensions
- Conversion to a lump-sum payment
Can adult children also file a claim?
Adult children are only entitled to compensation if they were financially dependent on the deceased. They do have the right to grief damage.What if the deceased leaves no partner?
In that case, the claim for maintenance by a partner lapses. Other surviving relatives can still claim grief damage and funeral costs.What are the covered funeral costs?
The costs of a reasonable and appropriate funeral are reimbursed, such as the burial or cremation, mourning cards, and other direct costs.Frequently Asked Questions about Death Compensation in Utrecht
How much time do I have to file a claim after a death?
In principle, you have five years from the date of death to file a claim. This period applies in cases of injury due to an accident. However, it is advisable to act quickly, as evidence becomes harder to obtain over time. For minors, the period starts at age 18.
Can stepchildren or foster children file a claim?
This is only possible if they were financially dependent on the deceased. For grief damage, only statutory or recognized children are entitled to compensation, unless a court recognizes a 'de facto family relationship'.
How is loss of maintenance determined?
This is calculated based on the net income contributed by the deceased to the family, minus benefits such as the survivor's pension. The amount is converted into a lump-sum payment, taking into account factors such as inflation and future income increases. A specialist can assist with this.
What does 'loss of domestic services' entail?
This concerns the value of tasks such as cleaning or childcare performed by the deceased. The compensation is determined based on estimated hours and the rate of professional assistance. This can be paid as a lump sum or periodically.
Can I claim shock damage without having been present?
Shock damage is only possible if you were a direct witness to the accident or its consequences, and have thereby suffered serious psychological damage. A medical report is required to prove this, for example in cases of PTSD.
What to do if my claim is rejected?
If rejected by the insurer, you can file an objection. Do this in writing with substantiation and evidence. If this does not help, you can seek legal assistance via, for example, the Juridisch Loket Utrecht at Catharijnesingel 55 or submit the case to the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1.