Loss of Maintenance Explained for Delft Residents

Loss of Maintenance in Delft

Loss of maintenance refers to the financial loss suffered by survivors in Delft because a loved one can no longer contribute income to the household due to death. This forms a key component of wrongful death damages, alongside grief-related costs and non-pecuniary loss awards. Delft residents can pursue this claim against the liable party, often through the District Court of The Hague.

When Does Loss of Maintenance Apply in Delft?

Under Dutch law, including for Delft residents, loss of maintenance is relevant in wrongful death cases arising from torts such as traffic accidents on the A13, medical errors in local hospitals, or workplace accidents in Delft. It covers the income the deceased would have invested in the family. Not only partners, but also children or parents can claim if they were dependent.

Example: A breadwinner from Delft dies in a city center collision. Survivors face higher rent in the municipality of Delft, grocery costs, and tuition at TU Delft. Compensation preserves their standard of living.

Legal Basis

Compensation for loss of maintenance is governed by Article 6:107 of the Dutch Civil Code, which compensates survivors for death-related damages. This stems from tort liability (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 provides guidelines through rulings such as ECLI:NL:HR:2000:AA4564 (LTO rulings) for calculations. Only concrete, foreseeable losses qualify; speculation does not. For Delft residents, the Dutch Civil Code applies primarily, alongside schemes like the Wet Wton for specific professions.

Who in Delft Can Claim Loss of Maintenance?

The circle of entitled parties is limited:

• Partner (married, registered, or cohabiting);
• Children up to age 21 or studying up to 30, such as TU Delft students;
• Exceptionally, parents with proven dependency.

Judges at the District Court of The Hague assess dependency based on facts like shared living expenses in Delft and bank contributions. Start at the Delft Legal Aid Office for free advice and evidence gathering.

Calculating Loss of Maintenance

The actuarial calculation involves: deceased's net income minus survivor's own income, multiplied by life expectancy and capitalized.

The LTO method is used:

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

This yields a €238,000 claim for a 40-year-old Delft breadwinner. Local experts provide precise reports.

Practice in Delft

Example 1: The Jansen family from Delft loses their breadwinner (45) in an accident on Rotterdamseweg. With a €60,000 gross income and 70% household contribution, the studying children (TU Delft) claim €450,000 after AOW offset, awarded by the District Court of The Hague.

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

Insurers negotiate; proceedings at the District Court of The Hague take 1-2 years.

Rights and Obligations for Delft Residents

Rights:

• Full compensation for damages.
• Provisional claim (Article 6:140 of the Dutch Civil Code).
• Inflation adjustment.

Obligations:

• Prove dependency.
• Offset benefits (ANW/Nibeg).
• Cooperate with expert assessments.

Contact the Delft Legal Aid Office or Municipality of Delft for assistance.

Frequently Asked Questions