Fatal Injury Claims
When estimating fatal injury damages, possible future developments must be taken into account. For example, minor children will eventually leave home. This will influence the damages. When determining fatal injury damages, an estimate will therefore be made of the age at which the minor child will leave home, based on known circumstances. This will be done with all relevant factors.
Estimating damages due to the loss of financial and actual care from the deceased is a complex task. It is advisable to engage a personal injury lawyer or personal injury specialist. They can then call in experts to make an estimate of the damage items.
Furthermore, the costs of the burial (the funeral) are part of the fatal injury damages.
Pain and suffering compensation (smartengeld) is not part of fatal injury damages. However, it is possible to claim Emotional Distress Damages.
The persons who can claim fatal injury damages are listed in art 6:108 BW:
1. If someone dies as a result of an event for which another person is liable towards them, that other person is obliged to compensate for damages due to loss of livelihood:
a. to the spouse not separated from table and bed, the registered partner, and the minor children of the deceased, up to at least the amount of maintenance owed to them by law;
b. to other blood relatives or relatives by marriage of the deceased, provided that these persons were already wholly or partly supported by the deceased at the time of death or were obliged to do so by judicial decision;
c. to those who, prior to the event on which liability is based, lived together with the deceased in a family relationship and whose livelihood he wholly or largely provided, insofar as it is plausible that this would have continued without the death and they cannot reasonably provide sufficiently for their livelihood;
d. to the person who lived together with the deceased in a family relationship and whose livelihood the deceased contributed to by managing the common household, insofar as they suffer damage because after the death, the continuation of this household must be provided for in another way.
2. Furthermore, the liable party is obliged to reimburse the costs of burial to the person at whose expense these costs were incurred, insofar as they are in accordance with the circumstances of the deceased.
3. The person against whom a claim for damages is made under the preceding paragraphs may raise the same defense that would have been available to them against the deceased.
The costs for the assistance of a personal injury lawyer are almost always reimbursed. Feel free to contact letselschadevordering.nl via the contact form and let a personal injury lawyer inform you about the possibilities.
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