Explanation of Bereavement Damages
Emotional Damages: Understanding, Rights, and Compensation
What are Emotional Damages?
Emotional damages are one component of the total fatal accident damages. It provides surviving relatives with compensation for the grief caused by the death or serious injury of a loved one due to the wrongful act of another. In 2019, Dutch legislation introduced this form of compensation, which is sometimes seen as a type of pain and suffering award for surviving relatives. The amount of compensation depends on the relationship to the deceased and whether the incident involved a criminal offense.
Who is Eligible?
Not all surviving relatives are entitled to emotional damages as part of fatal accident damages. The law specifies that only the following relationships are eligible:
- Parents
- Children
- Partners who maintained a long-term common household together
- Care relationships, such as foster parents or grandparents who provided substantial care for the deceased.
- In some situations, also brothers and sisters, often due to an existing care relationship.
Compensation Amounts and Regulations
Compensation for emotional damages is established in the Civil Code (link: Emotional Damages) and the Emotional Damages Compensation Decree, with amounts ranging from €12,500 to €20,000. These amounts can be adjusted by an Order in Council, depending on inflation and social developments. (link)
Emotional Damages Versus Shock Loss
Although emotional damages and shock loss are both forms of compensation for non-material damage, they are treated separately. Emotional damages concern the grief caused by loss, while shock loss relates to the trauma of directly witnessing (the consequences of) an accident. Shock loss can ultimately also lead to a full personal injury claim. A judge can award both forms of damages but will carefully assess individual circumstances to avoid overlap. ( link)
Benefits and Life Insurance
Discussions can arise regarding whether life insurance payouts can influence fatal accident compensation. Although some insurers claim that these payouts should be deducted from the damage claim, judges often take a different view. They consider these payouts as compensation for non-material damage (pain and suffering) and not for living expenses. Precisely because of this discussion, it is wise to engage a fatal accident expert.
Tax Implications
The compensation received for emotional damages is not subject to income tax, but the paid amount is, of course, added to the recipient’s assets, which may lead to wealth tax. It is important to seek financial advice after receiving such compensation.
How to Claim Emotional Damages?
For an assessment of your potential right to emotional damages, you can contact Letsolv. Our experts are happy to assist you with assessing your situation and navigating the claims process. Contact us via our contact form or call us directly at 085-1308965. We secure your rights.
Free Legal Assistance from Letsolv
Letsolv offers free legal support for surviving relatives who can claim compensation for emotional damages. This service does not require insurance, as the costs of guidance by Letsolv are recovered from the liable party.
Fatal Accident Advice Throughout the Netherlands
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