Affectieschade

Affection damage

Affection damage is compensation for the grief and loss of enjoyment of life that close relatives suffer because a loved one is seriously injured or dies due to an event for which another is liable. The legal basis lies in Article 6:107 BW (serious injury) and Article 6:108 BW (death). Before 1 January 2019 no such right existed in the Netherlands; the statutory change that entered into force then introduced it.

Who is entitled?

The law defines a fixed circle of entitled persons:

Fixed amounts (2026)

The amounts are laid down in the Affection Damage Compensation Decree and are indexed periodically. For 2026 a standard amount of around €20,000 applies to close relatives in the event of serious permanent injury or death.

These amounts are fixed: the actual individual grief is not assessed, only the category to which the relative belongs.

Practical consequences

Affection damage is compensated in addition to any other heads, such as care costs or loss of income. The liable party — often a motor insurer (WAM) or an employer in workplace accidents — must pay this sum once the conditions are met. Relatives must bring their own claim; the victim cannot do so on their behalf. In case of dispute over liability or the circle of entitled persons, the court can be involved.