If a loved one dies due to the actions of another, for example in an accident, bereaved parties in Zoetermeer are entitled to compensation. Dutch legislation provides clear guidelines on death damage and who is recognised as a bereaved party.
Statutory Provision
The right to compensation upon death is laid down in Article 6:108 of the Dutch Civil Code (BW). This article specifies which bereaved parties can claim which forms of compensation.
Who Qualifies as Bereaved Parties?
| Relationship | Right to Compensation | Specific Conditions |
|---|---|---|
| Spouse/Partner | Yes | Including registered partnership |
| Minor Children | Yes | Up to 18 years or as long as maintenance is needed |
| Adult Children | Limited | Only if financially dependent on the deceased |
| Parents | Limited | If the deceased contributed to their maintenance |
| Cohabiting Partner | Yes, subject to conditions | Joint household required |
Types of Damage upon Death
The legislation distinguishes between various heads of damage that bereaved parties in Zoetermeer can claim.
1. Loss of Maintenance
How Is This Calculated?
Financially dependent bereaved parties can claim compensation for lost income:
- Partner: difference between lost income and own earnings, until retirement or new marriage
- Children: costs of upbringing 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
- Mourning cards and advertisements
- Headstone or urn
- Reception after the funeral
- Floral tributes and mourning clothes
Note: Excessive costs are not always fully covered.
3. Affection Damage
Compensation for Emotional Suffering
As of 1 January 2019, bereaved parties can claim affection damage (Article 6:108(3) BW), a form of pain and suffering compensation for grief over the loss.
| Relationship | Amount (2024) |
|---|---|
| Spouse/Partner | €17,500 - €20,000 |
| Minor Child | €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, the amounts may be higher.
4. Care and Household Damage
If the deceased provided care or performed household tasks, bereaved parties in Zoetermeer can claim the value thereof.
Shock Damage for Bereaved Parties
Separate from death damage, bereaved parties in Zoetermeer can claim shock damage for mental injury caused by the accident.
Criteria for Shock Damage
- Direct confrontation with the incident or its aftermath
- Proof of psychological injury (such as PTSD)
- Close emotional bond with the deceased
- Clear connection between the confrontation and the psychological damage
Process of Death Damage in Zoetermeer
Handling a death damage claim proceeds in several steps.
Step-by-Step Plan
- Notice of Liability: notify the responsible party or insurer in writing
- Assessment of Liability: investigation into the cause and responsibility
- Damage Inventory: overview of all heads of damage
- 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 Zoetermeer can apply for advances.
Types of Advances
| Type | Purpose | Amount |
|---|---|---|
| Advance Funeral Costs | Payment of the funeral | €5,000 - €15,000 |
| Advance Maintenance | Daily expenses | Determined monthly |
| General Advance | Other costs | Depending on circumstances |
Advice for Bereaved Parties in Zoetermeer
- Seek help immediately from a specialised lawyer
- Keep all financial records of the deceased
- Apply for advances for urgent costs
- Document your own damage and emotional impact
- Take sufficient time for grief processing
Local Support
For legal assistance in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. Cases are often handled by the District Court of The Hague, under which Zoetermeer falls.