What are fatal accident damages?
Guide to Types of Fatal Accident Damages and Compensation
Who is liable for fatal accident damages?
That is the most important question asked when awarding compensation. Because only when there is a liable party is there a right to compensation. The starting point is that the party at fault must compensate for the damage. Sometimes this is immediately clear, but in other cases, there is much discussion regarding liability in fatal accident claims. In practice, it also occurs that the opposing party is partially liable, but the deceased also bears part of the blame. In that case, the compensation is divided proportionally and paid to the surviving relative(s) of the deceased.
Who compensates for fatal accident damages?
Death due to the fault of another can arise from a traffic accident, but also from a medical error in the hospital, during working hours (industrial accident), or through a crime.
As we stated: the person who caused the death must compensate for the damage. Dutch law has established the duty to provide compensation in Article 6:108 of the Dutch Civil Code (BW). In practice, it is often the insurance company of the party at fault that pays the damages. This makes it an insurance matter.
A fatal accident. What are you entitled to as a surviving relative?
Fatal accident damages consist of various components that depend on the specific circumstances, but also on the composition of the (family) group to which the deceased belonged, Art. 6:108 BW. The fundamental principle in awarding compensation is that an external party must be liable for causing the death. This includes a wide range of damages that can be material and non-material in nature:
Material Fatal Accident Damages:
Loss of maintenance: This includes the loss of income that the deceased would have earned if he or she were still alive and with which he or she provided for the maintenance of surviving relatives who were financially dependent on him or her. For the calculation of these damages, NIBUD, for example, provides guidelines.
Medical treatment costs: If applicable, these costs include the medical treatment incurred prior to the death. In that case, it is still a matter of personal injury (and you can even claim pain and suffering damages if this claim item was submitted during the person’s lifetime).
Funeral costs: These are the reasonable costs incurred for the funeral or cremation of the deceased, whereby the expenses must be in proportion to the standard of living and social circle prior to the death.
Non-material fatal accident damages:
Bereavement damages: surviving relatives with a close (affective) relationship to a deceased victim can receive compensation for the emotional suffering (grief, loss) they experience as a result of the death. This is established in the Bereavement Damages Act (Wet Affectieschade), which came into force in 2019. (for more information, click here)
This law makes fixed compensation available for immediate family members such as spouses, registered partners, and parents of minor children, depending on their relationship with the victim. It is essentially a type of pain and suffering compensation for surviving relatives.
Shock loss: Compensation for shock loss is possible when someone directly witnesses a serious accident or crime, or is confronted with the traumatic consequences shortly thereafter.
For this compensation, it is required that one has suffered serious psychological injury as a result of the event and had a close relationship with the victim. The shock can lead to a full personal injury claim for the person who first became a victim of shock loss.
Bereavement damages and shock loss can therefore both arise as a result of a fatal accident, but they are each handled in different ways and require specific circumstances to qualify for compensation.
Free Assessment of Your Claim at Letsolv
To determine whether you qualify for compensation for fatal accident damages or shock loss and potentially bereavement damages, Letsolv offers a free assessment. Our experts are ready to support you in navigating the complex process of damage claims after a death.
Contact us via our contact form or call directly at 085-1308965 for expert legal assistance.
Fatal Accident Advice throughout the Netherlands
Our advisors always come to your home to discuss the situation, wherever you live.
Take your time, but register promptly
The advisor first registers your details and—in consultation with you—files a damage report with the insurer of the party at fault. We do not ask you to provide all kinds of data immediately, as your mind is often not up to it in the initial period. At a time that suits the surviving relative(s), the advisor will collect more information to determine and discuss the damages.
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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
