News item | 16-12-2024 | 3:00 PM
The Compensation for Affection Damage Act, which came into effect on January 1, 2019, functions well. This is evident from the evaluation commissioned by the WODC. State Secretary for Legal Protection, Teun Struycken, writes in a letter to the House of Representatives that the law in general meets its objective: offering recognition and compensation to loved ones for the suffering they experience when a loved one dies or is seriously and permanently injured by at the hands of someone else. This could be due to a crime, a traffic accident or a medical error, for example. Improvement is possible on a number of points. For example, the government program has already included that brothers and sisters will also have the opportunity to claim compensation for affection damage. This is in accordance with an important outcome of the evaluation of the law.
Positive and little discussion
The evaluation shows that the law offers recognition to relatives without too much discussion. This concerns the victim’s partner, children and parents, or persons who have a similar relationship with the victim. The permanent circle of relatives who can claim the compensation and the fixed amounts that apply prevent discussion. The lead time and information about the handling are also experienced as good. On average, people who receive compensation rate this with a 7.9. The researchers note in the evaluation that this is a special score, considering how difficult it is to translate the loss of a loved one into money and to translate the sensitive matter of this law into fixed rules. The current structure of the law will therefore not be changed.
Extension to siblings
The government program includes that in the future brothers and sisters can also claim compensation for affection damage. The bill that regulates this is expected to be submitted for consultation at the end of 2025 and is consistent with the results of the evaluation.
Teun Struycken: “If someone is the victim of an accident or crime and dies or has serious and permanent injuries, this not only has a major impact on the victim himself but also on his loved ones. This also applies to brothers and sisters. Especially if they still live with the victim as a family. But the impact can also be significant for brothers and sisters who live away from home. Consider, for example, important life events such as a marriage, birth or death that can no longer be shared. That is why we will amend the law so that brothers and sisters are also entitled to compensation for affection damage.”
Increase amounts
Price developments in recent years have given rise to an increase in the reimbursement amounts. This has not happened since the law was introduced in 2019. This is an increase of approximately 12.5%. This means that the minimum compensation will be €14,000 and the maximum compensation will increase to €22,500. Insurers and the CJIB, who are involved in offering compensation, will also be asked to pay attention to better information provision and a more personal and empathetic way of handling. Paying attention to the impact of events can contribute to the feeling of recognition and thus to recovery from the suffering that people experience.
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What does the law entail?
The Compensation for Affection Damage Act makes it possible for relatives of victims to claim compensation. They too are saddened by the accident or crime that happened to the victim and will have to shape their lives differently. The purpose of compensation is to show that the grief is seen (recognized). For example, a child who is hit by a car and remains severely disabled for life. Or a partner who dies due to a medical error. A violent crime can also be the cause of serious and permanent injury or death. Compensation for affection damage does not take away the suffering of victims’ loved ones. But it does offer recognition, satisfaction and helps with processing.
The victim’s partner, children and parents, or those who have a similar relationship with the victim, are eligible for compensation for affection damage. Standardized compensation is used to avoid painful and lengthy discussions about the relationship with the victim, the degree of suffering and the question of what an appropriate amount of compensation would be.
For more information, see: Compensation for affection damage: compensation for relatives of victims | Victim policy | Rijksoverheid.nl