Explanation of Loss of Maintenance
What You Need to Know
Loss of Maintenance
When a person passes away, it often has far-reaching financial consequences for the surviving family members. According to Dutch legislation, surviving relatives are entitled to compensation. This allows them to maintain the same financial standard of living as before the death. The party responsible for the death is obliged to compensate for the loss of income.
Damage Calculation
When calculating the compensation, we also take into account the future income progression of the deceased as if he or she were still alive. Questions such as “What would the deceased have earned if he or she had lived?” and “What were the pension expectations?” are essential. The deceased’s contribution in kind, such as household tasks and childcare, is also financially valued for the determination of the compensation.
Benefits and Settlement
Possible insurance benefits, such as life insurance, can influence the amount of compensation. Sometimes a judge views these benefits as part of the non-material damages. As a result, they are not offset against the compensation for fatal accident claims. In some cases, life insurance benefits or survivor benefits (link: General Surviving Relatives Act) can influence the final compensation. We then calculate these benefits as deductions from the total damages.
Duration of Compensation
The responsible party is usually obliged to pay compensation for a specific period. For children, this period lasts until they are financially independent, and for partners, the duration depends on various factors such as age and life expectancy.
Capitalization of Compensation
After the total amount of damages has been established, an actuary will perform a calculation to determine what lump sum could be paid out as the present value of future payments.
Tax Considerations
Compensation for fatal accident claims is generally exempt from income tax, but it can have consequences for inheritance tax. It is important to seek professional tax advice when receiving such a payment.
Free Legal Support from Letsolv
Letsolv offers free legal assistance to surviving relatives who wish to file a fatal accident claim. This service is available without the need for insurance, as the costs of legal assistance are recovered from the liable party.
Have your claim assessed
For an accurate assessment of your possibility for compensation after a death, we advise you to contact our experts. This can be done via our contact form or by telephone at 085-1308965. We secure your rights.
Take your time, but register promptly
The fatal accident claims advisor first registers your details and — in consultation with you — files a claim with the liable party’s insurer. We do not ask you to provide all kinds of data immediately, as your mind is often elsewhere in the initial period. At a time that suits the surviving relative(s), the fatal accident claims advisor will collect more information to determine and discuss the damages.
Fatal Accident Advice throughout the Netherlands
Our advisors always visit you at home to discuss the situation, regardless of where you live.
More information about:
Types of Fatal Accident Damages
Explanation of Bereavement Damages
Do you wish to wait no longer?
Then make an appointment with one of our fatal accident damage specialists without any obligation. Together, we will discuss your situation and determine whether you may be entitled to compensation. Schedule an appointment now
