Loss of Maintenance in Amsterdam Explained

Loss of Maintenance

Loss of maintenance refers to the financial loss suffered by survivors in Amsterdam when a loved one can no longer contribute income to the household due to death. This is a key component of wrongful death damages, alongside costs for grief or non-pecuniary loss. Amsterdam residents can claim this from the liable party, often through the Amsterdam District Court.

When does loss of maintenance apply in Amsterdam?

Under Dutch law, loss of maintenance is relevant in wrongful death cases caused by torts, such as accidents on busy Amsterdam roads (e.g., A10 or IJtunnel), medical errors at hospitals like Amsterdam UMC, or incidents at construction sites in the city. It covers the income the deceased would have provided to the family. Not only partners, but also children or parents qualify if they were dependent.

Example: A breadwinner from Amsterdam-West dies in a cycling accident caused by a motorist. Survivors face higher rent in the city, grocery costs, and tuition at the UvA. Compensation helps maintain their standard of living as much as possible.

Legal Basis

Compensation for loss of maintenance is governed by Article 6:107 of the Dutch Civil Code, which compensates survivors for death-related loss. This stems from tort liability (Article 6:162 of the Dutch Civil Code) and damages provisions (Articles 6:95-6:101 of the Dutch Civil Code).

The Supreme Court provides guidelines through rulings such as ECLI:NL:HR:2000:AA4564 (LTO rulings). Loss must be demonstrable and foreseeable; speculation does not count. For Amsterdam residents, the Dutch Civil Code applies primarily; special rules like the Wet Wton apply to police or military.

Who in Amsterdam can claim compensation?

The circle of entitled parties is limited. The Amsterdam District Court assesses:

• Partner (married, registered, or cohabiting);
• Children (including step-/foster children) up to age 21 or studying until 30;
• Exceptionally parents or family upon proven dependency.

Proof of shared household and contributions is essential, via bank statements or witnesses. Start at the Amsterdam Legal Aid Office for free advice.

Calculating Loss of Maintenance

The actuarial calculation accounts for net income minus survivors' own earnings, multiplied by life expectancy and capitalized at an interest rate.

The LTO method (Life Course Maintenance Tables) is used:

1. Determine annual net income loss.
2. Adjust for household factor (e.g., 0.7 for a two-person household).
3. Capitalize over working years with interest (1.5-2%).

This yields around €238,000 for a 40-year-old Amsterdam breadwinner. Actuarial experts prepare reports for the Amsterdam District Court.

Practice in Amsterdam

Example 1: Mrs. Jansen from De Pijp loses her husband (45) in a truck accident on the A10 ring road. He earned €60,000 gross and contributed 70%. Their studying children (18/20, HvA) claim €450,000 together, after deducting AOW/benefits.

Example 2: A mother from Nieuw-West dies due to a medical error. Her 16-year-old daughter receives €120,000 until adulthood, for maintenance-like contributions.

Insurers often negotiate; proceedings at the Amsterdam District Court take 1-2 years.

Rights and Obligations for Amsterdam Residents

Rights:

• Full coverage of proven loss.
• Advance payment (Article 6:140 of the Dutch Civil Code).
• Inflation indexing.

Obligations:

• Prove dependency.
• Offset against ANW/survivor's benefits.
• Cooperate with experts.

Contact the Amsterdam Legal Aid Office or Municipality of Amsterdam for support.

Frequently Asked Questions