If a loved one dies due to the actions of another, for example in an accident in Utrecht, bereaved parties may claim compensation. The legislation provides clear guidelines on who is recognised as a bereaved party and what compensations are possible.
Statutory Regulation
The rules for compensation in the event of death are set out in Article 6:108 of the Dutch Civil Code (BW). This specifies which bereaved parties are entitled to which forms of compensation.
Who Qualifies as Bereaved Parties?
| Relationship to Deceased | Entitlement to Compensation | Specific Conditions |
|---|---|---|
| Spouse or Partner | Yes | Including registered partnership |
| Children under 18 years | Yes | Up to 18 years or in case of ongoing maintenance obligation |
| Other Children | Limited | Only in case of financial dependency on deceased |
| Parents of Deceased | Limited | If deceased contributed to their maintenance |
| Cohabiting Partner | Yes, with conditions | Only in case of shared household |
Types of Compensation for Death
There are various categories of damage that bereaved parties can claim in accordance with the law.
1. Loss of Maintenance
How Is This Calculated?
Financially dependent bereaved parties can claim compensation for the loss of income:
- Partner: difference between lost income and own earnings, until retirement or new marriage
- Children: costs of upbringing until 18-21 years
- Calculation Method: based on net family income, fixed expenses and spending pattern
2. Funeral Expenses
Which Costs Are Covered?
Reasonable costs associated with the funeral are eligible for compensation:
- Costs for burial or cremation
- Printing costs such as mourning cards and advertisements
- Costs for gravestone or urn
- Reception after the funeral
- Floral arrangements and mourning clothes
Note: excessive expenses are not fully reimbursed.
3. Compensation for Emotional Damage
Pain and Suffering for Grief
As of 1 January 2019, bereaved parties can claim relational damage (Article 6:108(3) BW). This concerns compensation for emotional suffering due to the loss.
| Relationship | Amount (2024) |
|---|---|
| Partner/Spouse | €17,500 - €20,000 |
| Child under 18 years | €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 always, sometimes possible |
In cases of crimes or serious negligence, higher amounts may be awarded.
4. Compensation for Care and Household
If the deceased performed care or household tasks, bereaved parties can claim the value thereof.
Damage from Shock Experience
Separate from standard death damage, bereaved parties can claim compensation for shock damage in case of mental trauma from the incident.
Criteria for Shock Damage
- Direct confrontation with the accident or its aftermath
- Proof of psychological injury, such as PTSD
- A close emotional bond with the deceased
- Clear causal link between confrontation and psychological damage
Process for Claiming Death Damage
Obtaining compensation proceeds in several steps, especially in the Utrecht region.
Step-by-Step Plan
- Hold Liable: written notification to the responsible party or insurer
- Assessment of Liability: investigation into cause and responsibility
- Damage Inventory: overview of all relevant costs
- Damage Calculation: financial substantiation of income loss
- Negotiation: discussions on the amount of compensation
- Settlement: agreement or legal proceedings
Advance Payments
In case of immediate financial problems, bereaved parties in Utrecht can request an advance payment.
Types of Advance Payments
| Type of Advance | Purpose | Amount |
|---|---|---|
| Advance Funeral Expenses | Payment of funeral | €5,000 - €15,000 |
| Advance Maintenance | Daily expenses | Periodic amount |
| General Advance Payment | Other costs | Depending on circumstances |
Advice for Bereaved Parties in Utrecht
- Seek legal support as soon as possible, for example via the Juridisch Loket Utrecht at Catharijnesingel 55
- Keep all relevant financial documents of the deceased
- Request an advance for urgent costs
- Document your own emotional and financial damage well
- Take sufficient time for grief processing
Relevant Institutions in Utrecht
For legal matters, you can go to the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht. For free legal advice, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.