Last updated: 2026-05-30

Pain and suffering compensation for surviving relatives: what can you expect?

As a surviving relative, you are entitled to financial compensation for your grief under certain conditions. The loss of a loved one due to an accident is a profound event. Financial compensation, of course, does not take away this grief. However, it offers recognition for your loss and the pain you experience.

Through Letselschadevordering.nl, you will find a specialized lawyer who will assist you with this. The lawyer we select for you will investigate exactly what you are entitled to. There are two main forms of compensation for surviving relatives. Firstly, there is the fixed compensation for affectieschade (grief compensation). This is legally enshrined. Secondly, there are shockschade (shock damages). This is not laid down in law but is rechtersrecht (judge-made law) developed in case law.

What is pain and suffering compensation?

Smartengeld (pain and suffering compensation) is compensation for immateriële schade (non-material damages), such as pain, grief, and gederfde levensvreugde (loss of enjoyment of life). It is compensation for disadvantage that cannot be directly expressed in money. For a long time, only the direct victim of an accident was entitled to pain and suffering compensation. Surviving relatives were left empty-handed, regardless of their grief. Affectieschade (grief compensation) for next of kin is therefore explicitly not the same as pain and suffering compensation for the victim themselves.

Since the introduction of legislation concerning affectieschade (grief compensation), this has changed. Certain next of kin and surviving relatives can now also claim compensation. This is an important recognition of the suffering that family members endure. It offers a piece of justice after a traumatic loss.

What does the law say?

The basis for damages lies in the Burgerlijk Wetboek (Dutch Civil Code). Art. 95 of Book 6 clearly states: “The damage that must be compensated on the basis of a legal obligation to pay damages consists of vermogensschade (pecuniary loss) and ander nadeel (other disadvantage)”. Pain and suffering compensation and affectieschade (grief compensation) fall under this ‘other disadvantage’.

The specific rules for affectieschade (grief compensation) are legally established. This was extensively debated in the parlementaire geschiedenis (parliamentary history) (Dossier 28781, Affectieschade). The Tweede nota van wijziging (Second Memorandum of Amendment) (kst-28781-9) played a crucial role in the creation of this law. In it, the circle of entitled persons and the system of compensation were further shaped. Shockschade (shock damages), on the other hand, is not regulated by law but flows entirely from case law.

Surviving relatives and pain and suffering compensation: what does the judge say?

Case law has played an indispensable role in the development of rights for surviving relatives. An absolute milestone is the so-called Taxibus-arrest (Taxibus ruling) of 22 February 2002 (ECLI:NL:HR:2002:AD5356). This ruling laid the foundation for the compensation of shockschade (shock damages), which is purely rechtersrecht (judge-made law).

In this case, a young child was fatally hit by a taxi van. The mother was confronted with the horrific consequences immediately after the accident. As a result, she suffered serious psychiatric injury. The Hoge Raad (Supreme Court) ruled that she was entitled to her own compensation for these shockschade (shock damages).

For you, this means that you may be entitled to compensation if you were directly confronted with a serious accident involving a loved one. However, you must have demonstrably suffered psychiatric injury for this. This is a strict requirement. A specialized letselschadeadvocaat (personal injury lawyer) will help you to substantiate this medically and legally.

Amounts for pain and suffering compensation for surviving relatives

The amounts for affectieschade (grief compensation) are legally fixed in specific categories. This prevents painful discussions about the degree of grief. The legally fixed amounts range from €12,500 to €20,000. This depends on your relationship to the victim, whether it concerns death or serious injury, and whether a crime was involved. For shockschade (shock damages), the amount depends on the severity of the psychiatric injury.

Injury Type / Category	Indication of Compensation
Affectieschade (Grief compensation) (Legally enshrined)	€12,500 – €20,000 (depending on situation and relationship)
Shockschade (Shock damages) (Judge-made law / Taxibus ruling)	Depending on severity of psychiatric injury

The above amounts are based on the law and current case law.

What can you claim as a surviving relative?

Many surviving relatives only think of compensation for grief and forget other important damage items. A death often entails major financial consequences. A letselschadeadvocaat (personal injury lawyer) will carefully map out all these items for you.

Damage Item	Applicable to surviving relatives?	Explanation
Affectieschade (Grief compensation)	Yes	Legally fixed compensation for the grief of loss.
Shockschade (Shock damages)	Sometimes	In case of demonstrable psychiatric injury due to confrontation with the accident.
Uitvaartkosten (Funeral costs)	Yes	Reasonable costs for the burial or cremation.
Overlijdensschade (Fatal injury damages) (Gederfd levensonderhoud (Loss of support))	Often yes	Compensation if the lost income of the deceased provided for your livelihood.
Huishoudelijke hulp (Household help)	Sometimes	If the deceased did a large part of the household and you now have to engage help.

Many victims only claim funeral costs and leave the rest. A letselschadeadvocaat (personal injury lawyer) ensures that no item is overlooked. Through Letselschadevordering.nl, we connect you with an expert who will calculate your full damages.

Why a personal injury lawyer makes the difference

Claiming damages after a death is legally complex and emotionally difficult. The opposing party’s insurer will often try to keep the damages as low as possible. They do not spontaneously offer all the compensation you are entitled to.

Through Letselschadevordering.nl, you will be linked to a specialized letselschadeadvocaat (personal injury lawyer). This lawyer knows all the damage items from the table above. You do not have to argue with the insurer yourself. Your personal letselschadeadvocaat (personal injury lawyer) will take all the legal work off your hands. Moreover, the costs for this legal assistance can often be fully recovered from the liable party. So you run no financial risk.

Frequently asked questions

Am I, as a partner, always entitled to grief compensation?
Yes, as a spouse or geregistreerd partner (registered partner), you fall into the fixed category of entitled persons for affectieschade (grief compensation). This also applies to levensgezellen (life partners) who cohabit permanently.

What is the difference between grief compensation and shock damages?
Affectieschade (Grief compensation) is a legally fixed compensation for the grief of loss. Shockschade (Shock damages) is judge-made law and concerns compensation for actual psychiatric injury that arose from the horrific observation of the accident.

Are the amounts for grief compensation the same for everyone?
No, the legally fixed amounts vary between €12,500 and €20,000. The exact amount depends on your relationship to the victim, the nature of the event (death or serious injury), and whether a crime was involved.

Do I have to pay tax on these reimbursements?
No, reimbursements for affectieschade (grief compensation) and shockschade (shock damages) are tax-free in the Netherlands. It is considered compensation for personal suffering, not income.

Can I also claim loss of income if my partner dies?
Yes, this is called overlijdensschade (fatal injury damages) or gederfd levensonderhoud (loss of support). If you were financially dependent on your partner, you can claim compensation for the lost income.

Read also

• Pain and suffering compensation for bicycle accidents
• Pain and suffering compensation and social assistance
• Tax on pain and suffering compensation
• Applying for pain and suffering compensation
• Calculating pain and suffering compensation

Sources

Source	Type	Date	Link
ECLI:NL:HR:2002:AD5356	Case law (Instance)	2002	Ruling

Bronnen

Bron	Type	Datum	Link
ECLI:NL:HR:2002:AD5356	Rechtspraak (Instantie)	2002	Uitspraak