Loss of Maintenance
Loss of maintenance refers to the financial damage suffered by survivors in Den Haag due to the death of a loved one, resulting in the loss of income contributions. This forms a crucial part of death-related damages, alongside costs for grief or non-material damage. Survivors can file this claim against the liable party, often via the District Court of Den Haag.
When Does Loss of Maintenance Apply in Den Haag?
Under Dutch law, and specifically for cases in Den Haag, loss of maintenance arises in death-related damages from unlawful acts such as traffic accidents on the A4 or Binckhorstlaan, medical errors in local hospitals, or workplace accidents near the port. It covers the income the deceased would have contributed to the household. Not only partners, but also children or parents qualify if they were dependent.
Example: A breadwinner from the Schilderswijk dies in a collision with a scooter rider. Survivors face not only grief but also higher costs for rent in Den Haag neighborhoods, groceries, or studies at Leiden University. The 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, which compensates survivors for damage due to death. This stems from the unlawful act (Article 6:162 of the Dutch Civil Code) and damage provisions (Articles 6:95-6:101 of the Dutch Civil Code).
The Supreme Court provides guidelines through judgments such as ECLI:NL:HR:2000:AA4564 (LTO judgments) for calculation. Only concrete, foreseeable losses count; speculation does not. For military personnel or police, the Wton applies, but for Den Haag civilians, primarily the Civil Code.
Who in Den Haag Can Claim Compensation?
The circle of entitled parties is limited. The District Court of Den Haag applies:
- Partner (marriage, registered partnership, or durable relationship);
- Children (step- or foster children) under 21 or studying until 30;
- Exceptionally parents or family upon proven dependency.
The District Court of Den Haag verifies dependency based on facts like shared living expenses and bank contributions. Married partners have priority; cohabitants prove it with statements or witnesses, for example via the Legal Aid Office Den Haag.
Calculation of Loss of Maintenance
The actuarial calculation is detailed: deceased's net income minus survivor's own income, multiplied by life expectancy and capitalized.
The LTO method prevails:
- Establish annual net income loss.
- Apply household factor (e.g., 0.7 for two persons).
- Capitalize over working years with interest (1.5-2%).
| Element | Description | Example |
|---|---|---|
| Deceased's Annual Income | Net salary | €40,000 |
| Survivor's Income | Deductible | - €20,000 |
| Household Factor | Survivor's share | x 0.7 = €14,000/year |
| Capitalization (20 years, 2% interest) | Total claim | €238,000 |
This illustrates a €238,000 claim for a 40-year-old from Den Haag. Local experts provide precise reports.
Practice in Den Haag
Example 1: Mrs. Jansen (45) from Zuiderpark loses her husband in a tram accident on Grote Marktstraat. He earned €60,000 as a port worker and covered 70% of household costs. Their studying children (18/20) claim via District Court of Den Haag: €450,000 after AOW offset.
Example 2: A mother from Laakkwartier dies due to an error at HagaZiekenhuis. Her 16-year-old daughter receives €120,000 until adulthood for maintenance-like contributions.
Insurers negotiate; proceedings at District Court of Den Haag take 1-2 years. Consult Legal Aid Office Den Haag for free advice.
Rights and Obligations of Survivors in Den Haag
Rights:
- Full coverage of proven damage.
- Provisional claim (Article 6:140 of the Dutch Civil Code).
- Inflation indexing.
Obligations:
- Prove dependency.
- Offset benefits (ANW, Nibeg).
- Cooperate with experts.
The Municipality of Den Haag sometimes offers additional support; start at Legal Aid Office Den Haag.
Frequently Asked Questions
Can I claim as a cohabitant in Den Haag?
Yes, with proof of dependency via bills or contributions. District Court of Den Haag decides case by case.
Is future income included?
Yes, realistic projections like promotions or pensions; no speculation.
Life insurance?
Offset to avoid double recovery (Article 6:100 of the Dutch Civil Code).
Claim deadline?
5 years after death (Article 3:310 of the Dutch Civil Code).