Death damages: compensation after the loss of a loved one

Death damages are the losses suffered by surviving relatives when a loved one dies due to an accident or fault for which another party is liable. The law then entitles you to compensation for lost livelihood and funeral costs (Article 6:108 of the Dutch Civil Code), and since 2019 also to emotional damages: a fixed amount as recognition of the grief (Article 6:107a of the Dutch Civil Code). Money can never make up for a loss, but it is possible that you may also face financial difficulties alongside the loss. A personal injury expert will handle the settlement with the liable insurer for you, so that you have space to grieve.

The short answer

• What is it: the damage suffered by surviving relatives following a death caused by the actions of another — regulated in Article 6:108 of the Dutch Civil Code.
• When there is a right: if someone is liable for the death, for example after a traffic accident, a workplace accident, or medical malpractice.
• What you can claim: lost maintenance, funeral expenses, and emotional distress (a fixed amount, Article 6:107a of the Dutch Civil Code).
• What it costs: nothing in a recoverable case — the reasonable costs of legal assistance are recovered from the liable party (Article 6:96 paragraph 2 of the Dutch Civil Code).

What is covered by wrongful death damages?

Fatal damages are defined by law. Unlike a standard personal injury claim, you cannot claim “all” damages, but only those items that the law allocates to a fixed circle of surviving relatives. Broadly speaking, it concerns three types of damage:

• Lost maintenance — the income that the deceased no longer contributes to the family (Article 6:108, paragraph 1, of the Dutch Civil Code).
• Funeral expenses — the reasonable costs of the burial or cremation (Article 6:108, paragraph 2 of the Dutch Civil Code).
• Damages for emotional distress — a fixed amount in recognition of your grief over the loss (Article 6:107a of the Dutch Civil Code).

In addition, shock damage may be at issue in some situations: damage resulting from witnessing the accident oneself or being confronted with the consequences. This is a separate legal basis under unlawful act (Article 6:162 of the Dutch Civil Code) and requires a separate assessment.

Lost livelihood: absorbing the financial blow

The loss of a partner or parent often also means the loss of income. Article 6:108 paragraph 1 of the Dutch Civil Code therefore grants a right to compensation for lost maintenance to a specific circle of surviving dependents, including:

• the spouse, registered partner or cohabiting partner who was supported by the deceased;
• the children, until they can stand on their own two feet financially;
• other blood relatives and relatives by marriage who were wholly or largely supported by the deceased.

The calculation looks at what the family could have spent if the loved one had lived, and compares that to the situation afterwards. Not only lost salary counts, but also, for example, the loss of someone who did the housework or looked after the children — those tasks often now have to be paid to be taken over. It is precise, sometimes complex calculation; a good personal injury lawyer will engage an actuary for this if necessary. Read also how we handle compensation and claiming your damages.

Funeral costs

The reasonable costs of the funeral or cremation are part of the damages resulting from the death and can be recovered from the liable party (Article 6:108, paragraph 2 of the Dutch Civil Code). Examples of these include:

• the costs of the funeral service, the coffin or urn, and transport;
• the burial rights or the costs of interment;
• a gravestone or memorial, insofar as appropriate and customary.

Any payout from funeral insurance is often offset; you cannot claim a second time what the insurance already covers. Therefore, keep all invoices and supporting documents. A personal injury expert will assess for you which items are reasonable and ensure that nothing is left unaddressed.

Emotional distress: acknowledgment of your grief

For a long time, Dutch law provided no compensation for the grief of surviving relatives. Since January 1, 2019, that has changed: Article 6:107a of the Dutch Civil Code grants a fixed circle of close relatives the right to compensation for emotional distress. This concerns an amount established by law — not a negotiable sum, but a symbolic acknowledgment that your loss matters. This circle includes, among others, the partner, parents, and children of the deceased.

Emotional distress damages are separate from lost livelihood and funeral expenses; you can claim these items concurrently. The exact amounts are set out in a statutory decree and depend on the relationship to the deceased. We do not make up figures — a specialist calculates exactly what you are entitled to based on current regulations. You can read more about the rationale behind non-material damages in our explanation of non-material damages and on the pain and suffering.

When are you entitled to compensation?

For wrongful death damages, the same basic conditions apply as for other personal injury claims: there must be a liable party . This plays a role, for example, after:

• a fatal traffic accident, for which the third-party liability insurer of the person responsible is liable;
• a fatal industrial accident in which the employer breached his duty of care (Article 7:658 of the Dutch Civil Code);
• a medical error that led to the death;
• violence or a crime for which the perpetrator is liable (Article 6:162 of the Dutch Civil Code).

If there is no liable party — for example, in the case of an accident caused entirely by the deceased themselves — then usually no damages can be recovered for the death. Other provisions, such as a survivor's benefit or funeral insurance, can, however, offer a solution.

This is how the process works

1. Free intake. You tell us what happened; we assess whether there is a liable party.
2. Holding liable. We hold the opposing party or insurer liable in writing.
3. Mapping out the damage. Lost livelihood, funeral expenses, and emotional distress are substantiated, if necessary with an actuary.
4. Negotiation. Where possible, we request an advance payment to cover immediate costs.
5. Settlement. The matter is being settled; we only go to court in the event of an impasse.

Keep an eye on the statute of limitations: for personal injury and wrongful death claims, a period of five years generally applies. Do not wait for it, but do not feel rushed either — a good legal representative monitors the deadlines for you, so that you can take a break first.

Honest recommendation

In the event of a death caused by another party, professional assistance is almost always advisable. The matter is legally and mathematically complex, while you do not want to be emotionally caught in the middle of it. However, not every situation requires a case: if there is no liable party, or if funeral or death risk insurance already fully covers the costs, then you do not a personal injury firm , and we will be honest about that. Are you in doubt? Then have your situation assessed free of charge before you sign or arrange anything.

Do you want to know where you stand? Schedule a free consultation or request a free intake . We take the time to hear your story, assess your case free of charge, and claim full wrongful death damages where possible — so that financial worries don't weigh on you as well. You can read more about our approach under About Us.

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