Loss of Maintenance Explained for Zoetermeer

Loss of Maintenance in Zoetermeer

Loss of maintenance refers to the financial loss suffered by bereaved family members in Zoetermeer when a loved one passes away and they no longer receive that person's income. This is a key component of death-related damages, alongside costs for grief or non-material damage. Residents of Zoetermeer can claim this from the liable party, often through the District Court of Zoetermeer.

When does loss of maintenance apply in Zoetermeer?

Under Dutch law, loss of maintenance is relevant in cases of death due to unlawful acts, such as accidents on the A12 near Zoetermeer, errors in local healthcare facilities, or workplace incidents in the region. It covers the income the deceased would have contributed to the household. Not only partners, but also children or parents in Zoetermeer can claim if they were dependent.

Example: A breadwinner from Zoetermeer dies in a collision on the Oostwaalweg. Bereaved family members face higher expenses for rent in the municipality of Zoetermeer, daily groceries, and education costs. Compensation helps maintain their standard of living.

Legal Basis

Compensation for loss of maintenance is based on article 6:107 of the Dutch Civil Code (BW), which addresses damages for bereaved parties following death. This stems from the unlawful act (article 6:162 BW) and general damages provisions (articles 6:95-6:101 BW). The Supreme Court provides guidelines in rulings such as ECLI:NL:HR:2000:AA4564 (LTO rulings). Damages must be proven and foreseeable. For residents of Zoetermeer, the Civil Code applies primarily; special rules like the Wton apply to military personnel or police.

Who in Zoetermeer Can Claim Compensation?

Entitled parties are limited to:

• Partner (married, registered, or cohabiting);
• Children under 21 or studying up to age 30 (including stepchildren and foster children);
• Exceptionally, parents or family members with proven dependency.

The District Court of Zoetermeer assesses dependency based on facts such as shared living expenses and bank transactions. Cohabitants must prove this with documents or statements.

Calculating Loss of Maintenance

The actuarial calculation is detailed: deceased's net income minus bereaved party's own income, multiplied by life expectancy and capitalized.

The LTO method is used:

1. Calculate annual net income loss.
2. Adjust for household factor (e.g., 0.7 for two people).
3. Capitalize over working years with interest (approx. 1.5-2%).

This example shows a potential claim of €238,000 for a 40-year-old resident. Local experts provide precise reports.

Practice in Zoetermeer

Example 1: Mrs. De Vries (45) from Zoetermeer loses her partner in an accident on the A12. He earned €60,000 as a driver and covered 70% of the bills. Their studying children (18 and 20) join the claim; outcome: €450,000 after deducting AOW and benefits.

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

Insurers often negotiate; proceedings at the District Court of Zoetermeer take 1-2 years.

Rights and Obligations for Zoetermeer Residents

Rights:

• Full coverage of proven damages.
• Provisional claim (art. 6:140 BW).
• Inflation indexing.

Obligations:

• Prove dependency.
• Offset against ANW benefits.
• Cooperate with experts.

For advice: contact Het Juridisch Loket Zoetermeer or the Municipality of Zoetermeer for referrals.

Frequently Asked Questions