Loss of Maintenance Explained for Leiden Residents

Loss of Maintenance in Leiden

Loss of maintenance refers to the financial loss suffered by survivors in Leiden because a loved one can no longer contribute to their income due to death. This forms a key part of wrongful death claims, alongside bereavement costs and pain and suffering awards. Residents of Leiden can submit this claim against the liable party, often via the District Court of Leiden.

When Does Loss of Maintenance Apply in Leiden?

Under Dutch law, including cases at the District Court of Leiden, loss of maintenance is relevant in wrongful death claims arising from unlawful acts such as traffic accidents on the N206 near Leiden, errors at the LUMC, or workplace accidents in the region. It covers the income the deceased would have contributed to the household. Not only partners, but also children or parents can claim if they were dependent.

Example: A breadwinner from Leiden dies in a collision caused by another driver. Survivors face not only grief but also higher costs for city-center rent, groceries, or studies at Leiden University. Compensation aims to preserve their standard of living as much as possible.

Legal Basis

Compensation for loss of maintenance is governed by Article 6:107 DCC, which compensates survivors for damage due to death. This stems from the unlawful act (Article 6:162 DCC) and general damages principles (Articles 6:95-6:101 DCC). The Supreme Court provides guidelines in judgments such as ECLI:NL:HR:2000:AA4564 (LTO judgments). Damage must be proven and foreseeable; speculation does not count. For Leiden residents, the DCC applies primarily, regardless of special laws like the Wton.

Who in Leiden Can Claim Compensation?

The District Court of Leiden applies strict criteria for survivors:

• Partner (married, registered, or cohabiting);
• Children up to age 21, or studying up to 30 (e.g., at Leiden University);
• Exceptionally parents or family with proven dependency.

Dependency is assessed based on facts such as shared living expenses in Leiden and bank contributions. Partners may need to prove this with statements or account extracts.

Calculating Loss of Maintenance

The actuarial calculation accounts for the deceased's net income minus the survivors' own earnings, multiplied by life expectancy and capitalized. In Leiden cases, the LTO method is often used:

1. Determine annual net income loss.
2. Apply household factor (e.g., 0.7 for two people).
3. Capitalize over working years at 1.5-2% interest.

This example shows a potential €285,000 claim for a 40-year-old Leiden breadwinner. Local experts prepare reports.

Practice in Leiden

Example 1: Mrs. De Vries (47) from Leiden loses her partner in an accident on Rembrandtweg. He earned €62,000 as a driver and contributed 70%. Their studying children (19 and 21) claim €480,000 via the District Court of Leiden, after deducting AOW and benefits.

Example 2: A mother from the Stevenshof neighborhood dies due to an LUMC error. Her 17-year-old son receives €135,000 until adulthood for lost benefit contributions.

Insurers often negotiate; proceedings at the District Court of Leiden take 1-2 years. The Juridisch Loket Leiden offers free initial advice.

Rights and Obligations for Leiden Residents

Rights:

• Full coverage of proven damage.
• Provisional claim (Art. 6:140 DCC).
• Inflation indexing.

Obligations:

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

Contact the Juridisch Loket Leiden for claim assistance.

FAQs for Leiden