Loss of Maintenance Explained for Rijswijk

Loss of Maintenance in Rijswijk

Loss of maintenance refers to the financial loss suffered by surviving dependents in Rijswijk when a loved one can no longer contribute income to the household due to death. This head of damage is a key component of wrongful death claims, alongside funeral costs or compensation for grief. Residents of Rijswijk can file this claim against the liable party and seek assistance from the Legal Aid Office Rijswijk.

When does loss of maintenance apply in Rijswijk?

Under Dutch law, loss of maintenance is relevant in wrongful death cases resulting from torts, such as accidents on the A4 or A13 near Rijswijk, medical errors in local hospitals, or workplace incidents in the Municipality of Rijswijk. It covers the income the deceased would have invested in the household. Not only partners, but also children or parents can claim if they were financially dependent.

Example: A breadwinner from Rijswijk dies in a collision caused by another driver near Sir Winston Churchilllaan. Surviving dependents face emotional and financial hardship: higher rent in Rijswijk, groceries, and children's education costs. Compensation aims to preserve their standard of living as much as possible.

Legal basis

Compensation for loss of maintenance is based on Article 6:107 of the Dutch Civil Code (BW), which compensates surviving dependents for damage caused by death. This stems from the tort provisions (Article 6:162 BW) and general damage rules (Articles 6:95-6:101 BW). The District Court of Rijswijk applies these in local cases.

The Supreme Court provides guidelines through rulings such as ECLI:NL:HR:2000:AA4564 (LTO rulings) for calculations. Only concrete, foreseeable losses are covered; speculation is not. For Rijswijk residents, the Civil Code applies primarily, unlike the Wton for specific professions.

Who in Rijswijk can claim compensation?

The group of surviving dependents is limited to:

• Partner (married, registered, or permanently cohabiting);
• Children (including step- or foster children) up to age 21 or studying up to 30;
• Exceptionally parents or family members with proven dependency.

The District Court of Rijswijk verifies dependency based on facts such as joint living expenses in Rijswijk and bank contributions. Partners may need to provide statements or account extracts to prove this.

Calculating loss of maintenance

The actuarial calculation is detailed: deceased's net income minus surviving dependent's own income, multiplied by life expectancy and capitalized with interest.

The LTO method is predominant:

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

This example shows a €285,000 claim for a 40-year-old from Rijswijk. Local experts provide precise reports.

Practice in Rijswijk

Example 1: Ms. De Vries (47) from Rijswijk loses her partner in an accident on Laan van 's-Gravenhage. He earned €62,000 as a driver and covered 70% of household costs. Their studying children (19 and 21) join the claim; outcome €480,000 after AOW offset.

Example 2: A mother from Rijswijk dies due to a medical error at a Hague hospital. Her 17-year-old son receives €130,000 until adulthood for lost benefit contributions.

Insurers often negotiate; proceedings at the District Court of Rijswijk take 1-2 years.

Rights and obligations for Rijswijk residents

Rights:

• Full coverage of proven losses.
• Provisional claim (Article 6:140 BW).
• Inflation indexing.

Obligations:

• Prove dependency.
• Offset benefits (ANW, Nibeg).
• Cooperate with experts.

Contact the Legal Aid Office Rijswijk or Municipality of Rijswijk for free initial assistance.

Frequently Asked Questions for Rijswijk