Overlijdensschade

Death damages

Death damages are the loss suffered by surviving relatives because a person has died as a result of a wrongful act — for example a traffic accident, medical error or workplace accident. The legal basis is Article 6:108 BW, which gives an exhaustive list of the heads of damage relatives can claim. Because the victim can no longer litigate, the circle of entitled persons and the nature of the compensation are limited by law.

Main heads

Practical consequences

Relatives must bring their claim against the liable party or its insurer. For traffic accidents the motor insurer (WAM) is the first point of contact. Calculating lost support is complex and usually requires an actuarial report. It is wise to seek legal assistance in time, as the limitation period is in principle five years (Art. 3:310 BW).