Loss of Maintenance in Rotterdam
Loss of maintenance refers to the financial damage suffered by surviving dependents in Rotterdam because a loved one no longer contributes income due to death. This forms a crucial part of wrongful death damages, alongside costs for grief and non-pecuniary loss. Surviving dependents can claim this from the liable party, often via the Rotterdam District Court.
When Does Loss of Maintenance Arise in Rotterdam?
In Rotterdam practice, loss of maintenance frequently arises in wrongful death claims from torts, such as accidents in busy port traffic, medical errors in local hospitals, or workplace incidents on the Maasvlakte. It covers the income loss contributed by the deceased to the family. Not only partners, but also children or parents qualify if they were dependent.
Example: A breadwinner from Rotterdam-South dies in a collision on the Erasmus Bridge due to another driver's fault. Surviving dependents then face higher costs for city rent, groceries, and studies at Erasmus University. The compensation preserves their standard of living as much as possible.
Legal Basis
Compensation for loss of maintenance is based on Article 6:107 of the Dutch Civil Code, which compensates surviving dependents for damage due to death. This stems from the tort (Article 6:162 of the Dutch Civil Code) and general damages principles (Articles 6:95-6:101 of the Dutch Civil Code).
The Supreme Court established calculation standards in cases such as ECLI:NL:HR:2000:AA4564 ('LTO rulings'). Only concrete, foreseeable losses count; speculation does not. For civilians, the Dutch Civil Code takes precedence, unlike the Wton for specific groups.
Who in Rotterdam Can Claim?
The circle of entitled parties is limited:
- Partner (married, registered, or cohabiting);
- Children under 21 or studying up to age 30 (e.g., at Rotterdam University of Applied Sciences);
- Exceptionally parents with proven dependency.
The Rotterdam District Court verifies facts such as shared living expenses and bank transfers. Cohabitants prove this with statements or account extracts.
Calculating Loss of Maintenance
The actuarial calculation is detailed: deceased's net income minus surviving dependent's own income, multiplied by life expectancy and capitalized with interest.
The standard is the LTO method:
- Annual net income loss.
- Household factor (e.g., 0.7 for two persons).
- Capitalization over working years at 1.5-2% interest.
| Element | Description | Example |
|---|---|---|
| Deceased's annual income | Net salary | €40,000 |
| Surviving dependent's income | Deductible | - €20,000 |
| Household factor | Dependent's share | x 0.7 = €14,000/year |
| Capitalization (20 years, 2%) | Total claim | €238,000 |
This yields a €238,000 claim for a 40-year-old Rotterdam port worker. Local experts provide precise reports.
Rotterdam Practice Examples
Example 1: Mrs. De Vries (45) from Feijenoord loses her husband, a truck driver (€60,000 gross), in a port accident. Their studying children (18/20) claim partly. After AOW offset: €450,000.
Example 2: A mother from Charlois dies due to medical negligence. Daughter (16) receives €120,000 until adulthood for contributions from benefits.
Insurers negotiate; proceedings at Rotterdam District Court take 1-2 years.
Rights and Obligations
Rights:
- Full coverage of proven damage.
- Advance payment (Article 6:140 of the Dutch Civil Code).
- Inflation adjustment.
Obligations:
- Proof of dependency.
- Offset of benefits (ANW, Nibeg).
- Cooperation with experts.
Rotterdammers: start at Juridisch Loket Rotterdam or Gemeente Rotterdam for advice.
Frequently Asked Questions
Can a Rotterdam cohabitant claim?
Yes, with proof such as joint accounts. Rotterdam District Court decides.
Future income?
Yes, realistically: wage increases, pension. No speculation.
Life insurance?
Offset (Article 6:100 of the Dutch Civil Code).
Claim period?
5 years after death (Article 3:310 of the Dutch Civil Code).