When someone in Rijswijk dies as a result of an accident, bereaved parties are entitled to compensation. This may include, among other things, the costs of the funeral and the loss of financial support.
Who is eligible to file a claim?
In Rijswijk, the following bereaved parties can file a claim:
- The spouse or registered partner
- Children who are still minors
- Persons who were financially dependent on the deceased
Which costs can be claimed?
| Type of damage | Explanation |
|---|---|
| Funeral costs | Expenses for burial or cremation |
| Loss of income | Income that is no longer available to the family |
| Loss of household assistance | Value of tasks performed by the deceased in the home |
| Emotional damage | A fixed compensation for grief and sorrow |
| Shock damage | Compensation for psychological damage to witnesses of the accident |
Emotional Damage Compensation
Since 2019, it has been possible in the Netherlands to claim emotional damage, also in Rijswijk. This concerns a fixed amount for the suffering experienced by bereaved parties:
- Partner: between €17,500 and €20,000
- Children: between €17,500 and €20,000
- Parents: between €17,500 and €20,000
- Siblings: €17,500
The amount of the compensation is determined by the circumstances of the death, such as a sudden death or after a prolonged illness.
Loss of Financial Support
If the deceased was the main breadwinner, bereaved parties in Rijswijk can receive compensation for the lost income:
- Calculation of the amount normally received by the family
- Adjustment for benefits received such as ANW or pensions
- Conversion into a lump-sum payment
Can adult children also file a claim?
Adult children in Rijswijk can file a claim if they were financially dependent on the deceased. For emotional damage, they are always entitled to compensation.What if the deceased leaves no partner behind?
In that case, the claim for loss of income by a partner lapses. Other bereaved parties can still claim emotional damage and funeral costs.What is the amount of compensation for funeral costs?
In Rijswijk, the reasonable costs for an appropriate funeral are reimbursed. This includes the costs of the burial or cremation, mourning cards, and other direct expenses.Frequently Asked Questions about Death Compensation in Rijswijk
What is the time limit for claiming death compensation after an accident?
In principle, you have five years from the date of death to file a claim. For minors, this period only starts at age 18. However, it is advisable to take action quickly, as gathering evidence becomes more difficult over time.
Can stepchildren or foster children claim compensation?
Stepchildren and foster children can only file a claim if they were financially dependent on the deceased. For emotional damage, only legal or recognised children are entitled, unless a court recognises a strong family bond.
How is loss of income calculated?
This is determined based on the net income contributed by the deceased to the family, less any benefits. The amount is then converted into a lump-sum or periodic payment, taking into account factors such as inflation and future income increases.
What is meant by loss of household assistance?
This concerns the value of tasks such as cleaning or childcare performed by the deceased. The compensation is calculated based on the hours and the rate of professional assistance.
Can I claim shock damage without having been present at the accident?
Shock damage is only possible if you were a direct witness to the accident or its aftermath and have thereby suffered serious psychological damage, such as PTSD. A medical report is necessary for this.
What to do if my claim is rejected by the insurer?
If your claim is rejected, you can file a written objection with the insurer with supporting arguments and evidence. If this does not help, you can seek legal assistance via the Juridisch Loket Rijswijk or initiate proceedings at the Rechtbank Den Haag.