If a loved one dies due to the actions of another, for example in an accident, bereaved parties in Leiden can claim compensation. The legislation provides clear guidelines on who is recognized as a bereaved party and what compensations are possible.
Legal Basis
The rules for compensation in the event of death are set out in Article 6:108 of the Civil Code (BW). This article specifies which bereaved parties are entitled to which forms of compensation.
Who Qualifies as a Bereaved Party?
| Relationship to Deceased | Right to Compensation | Specific Conditions |
|---|---|---|
| Partner/Spouse | Yes | Including registered partnership |
| Children under 18 | Yes | Up to 18 years or in case of ongoing maintenance obligation |
| Other children | Limited | Only in case of financial dependency on the deceased |
| Parents | Limited | If the deceased contributed to living expenses |
| Cohabiting partner | Yes, with conditions | Must have maintained a joint household |
Types of Death Compensations
The legislation distinguishes between different types of damage that bereaved parties in Leiden can claim.
1. Loss of Maintenance
How is this calculated?
Financially dependent bereaved parties can claim compensation for loss of income:
- Partner: difference between lost income and own earnings, until retirement or new marriage
- Children: costs for upbringing and maintenance until 18-21 years
- Calculation method: based on 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
- Obituary notices and advertisements
- Gravestone or urn
- Reception after the funeral
- Floral arrangements and mourning clothes
Note: excessive expenses are not always fully reimbursed.
3. Compensation for Emotional Damage
Pain and Suffering for Grief
As of 1 January 2019, bereaved parties can claim affection damage (Article 6:108 paragraph 3 BW), a compensation for the suffering caused by the loss.
| Relationship | Amount (2024) |
|---|---|
| Partner/Spouse | €17,500 - €20,000 |
| Child under 18 | €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, higher amounts may be awarded.
4. Compensation for Care and Household Tasks
If the deceased provided care or household assistance, bereaved parties can claim the value thereof.
Damage from Traumatic Experience
Separate from death damage, bereaved parties in Leiden can claim shock damage for mental harm caused by the accident.
Conditions for Shock Damage
- Direct confrontation with the accident or its aftermath
- Proof of psychological injury (e.g., PTSD)
- Close emotional bond with the deceased
- Clear connection between the confrontation and the psychological damage
Step-by-Step Plan for Death Damage in Leiden
The process to claim death damage involves several steps.
Process Overview
- Establish Liability: written notification to the responsible party or insurer
- Investigate Liability: analysis of the cause and responsibility
- Inventory Damage: overview of all relevant costs and losses
- Calculate Damage: numerical substantiation of income loss
- Negotiation: discussions on the amount of compensation
- Settlement: agreement or legal proceedings
Financial Advances
In acute situations, bereaved parties in Leiden can request an advance for immediate costs.
Types of Advances
| Type of Advance | Purpose | Amount |
|---|---|---|
| Funeral Costs Advance | Payment of funeral | €5,000 - €15,000 |
| Maintenance Advance | Daily expenses | Monthly variable |
| General Advance | Other costs | Depending on circumstances |
Advice for Bereaved Parties in Leiden
- Seek help from a legal expert immediately
- Keep all financial documents of the deceased
- Request advances for urgent costs
- Document your own suffering and losses well
- Give yourself space for grief processing
Local Assistance in Leiden
For legal support, you can contact:
- District Court of The Hague, Leiden Location
- Legal Counter Leiden: Stationsweg 46