Loss of Maintenance in Tilburg
Loss of maintenance refers to the financial loss suffered by dependents in Tilburg when a loved one passes away and can no longer contribute income to the household. This forms a key part of fatal accident damages, alongside grief-related costs or solatium. Dependents from Tilburg can claim this from the liable party, often through the Zeeland-West-Brabant District Court in Breda.
When does loss of maintenance arise in Tilburg?
In the Tilburg area, loss of maintenance comes into play in deaths caused by unlawful acts, such as accidents on the A58, errors at Catharina Hospital, or incidents on Tilburg construction sites. It covers the income the deceased contributed to the household. Not only partners, but also children or parents can claim if they depended on that support.
Example: A breadwinner from the Het Zand neighborhood dies in a collision on Ringweg Zuid. The family misses not only emotional support but also money for rent at WonenCentraal Tilburg, groceries at Jumbo, or studies at Tilburg University. The claim helps maintain their standard of living.
Legal basis
Compensation for loss of maintenance is governed by Article 6:107 DCC, which compensates dependents for damage due to death. This stems from the unlawful act (Article 6:162 DCC) and damages provisions (Articles 6:95-6:101 DCC). The Zeeland-West-Brabant District Court in Breda applies this in local cases.
Supreme Court rulings such as ECLI:NL:HR:2000:AA4564 (LTO rulings) provide calculation guidelines. Only concrete, foreseeable losses count; gambling losses do not. For civilians, the DCC takes precedence over the Wton for specific professions.
Who in Tilburg can claim?
The eligible circle is limited to:
- Partner (married, registered, or cohabiting);
- Children under 21 or studying up to 30 (e.g., at Fontys University of Applied Sciences);
- Exceptionally parents with proven dependency.
Judges in Breda verify facts such as joint living expenses with the Municipality of Tilburg or bank contributions. Cohabitants prove with statements or witnesses.
Calculating loss of maintenance
The actuarial method is complex: deceased's net income minus dependent's own income, multiplied by life expectancy, capitalized with interest.
Popular LTO method:
- Calculate annual net loss.
- Apply household factor (e.g., 0.7 for a couple).
- Capitalize over working years at 1.5-2% interest.
| Element | Description | Tilburg Example |
|---|---|---|
| Annual net income | Deceased's salary | €42,000 |
| Dependent's income | Deduction | - €18,000 |
| Household factor | Share | x 0.7 = €16,800/year |
| Capitalization (20 years, 2%) | Total | €285,000 |
This example yields €285,000 for a 40-year-old from Tilburg-Noord. Local experts provide precise reports.
Tilburg case examples
Example 1: Mr. Van Dijk (48) from Tilburg-West dies in a truck accident on the A65. He earned €65,000 and contributed 75%. Children (19, 21) claim via court; outcome €480,000 after AOW offset.
Example 2: A mother from Reeshof dies due to hospital error. Daughter (17) receives €135,000 until adulthood for contributed benefits.
Insurers negotiate; proceedings at Breda District Court take 1-2 years.
Rights and obligations
Rights:
- Full coverage of proven losses.
- Provisional claim (Article 6:140 DCC).
- Inflation indexing.
Obligations:
- Prove dependency.
- Offset ANW benefits.
- Cooperate with experts.
Start at Tilburg Legal Aid Office for free advice or Municipality of Tilburg for support.
Frequently asked questions
Can a Tilburg cohabitant claim?
Yes, with proof like joint mortgage with the municipality or bills. Breda court decides.
Does it include future income?
Yes, realistic projections like promotion at ASML; no speculation.
Offset life insurance?
Yes, to prevent double recovery (Article 6:100 DCC).
Statute of limitations?
5 years after death (Article 3:310 DCC). Seek advice quickly at Tilburg Legal Aid Office.