Introduction
The Netherlands will introduce the possibility to claim compensation for bereavement damages (hereinafter: bereavement damages) starting January 1st, 2019. The bill was first introduced in 2006.
Bereavement damages is the compensation for the grief and trauma suffered when a loved one is seriously injured or dies due to the actions of someone else.
Bereavement damages will be based on a system of fixed amounts, claimable by a limitative group of persons specifically mentioned in the law. In this way, negotiations and or lengthy discussions on the compensation amount is avoided which could cause additional grieve to the bereaved party.
The law will not have retroactive effect and will apply to incidents on or after January 1st, 2019.
Permanent bodily injury or death of a loved one
The claim of bereavement damages is subject to a loved one having sustained permanent bodily injury or psychological trauma or in case of death. Bodily injury is considered permanent when the impairment is 70% or higher. Lower impairment (lower than 70%) in combination with certain aggravating circumstances may also qualify for compensation. For instance, in case the loved one suffers drastic behavioral changes or loss of the ability to communicate, loss of memory, or in case the loved one becomes so heavily dependent on the bereaved party that he or she can no longer sustain a normal personal / private life.
Limitative group of claimants
The parties entitled to bereavement damages are among others the parents or children, including adult children, the spouse or partner in an enduring relationship with the injured or deceased party.
Fixed amount
The compensation amount is fixed and will range from EUR 12,500 to EUR 20,000 for each bereaved party. The Court may at its discretion limit the amount claimed.
Criminal cases
Bereavement damages can also be claimed in a criminal case. The fixed compensation amount is highest when bodily injury or death is caused by a criminal act.
Other European countries
Almost all the other European countries already have some version of bereavement damages incorporated in their laws. It is noted that the introduction of the possibility to claim bereavement damages in Belgium, that has a comparable system to the one to be introduced in the Netherlands, did not result in a significant increase in lawsuits.
Dutch Caribbean
The introduction of bereavement damages in the Netherlands opens the possibility of the applicability thereof on the Dutch Caribbean Islands of Aruba, Curacao, St. Maarten, Bonaire, St. Eustatius and Saba. On the basis of the principle of concordance, the laws within the Dutch Kingdom should resemble each other as much as possible. For the bereavement damages to be applied in the other parts of the Kingdom, new laws will have to be introduced there as well. The Highest Court of the Netherlands (Hoge Raad) has decided in more than one instance that the Courts do not have the authority to grant bereavement damages unless expressly prescribed by law.