Emotional Damage (Compensation Claims) Act works well, to be extended to siblings
An evaluation carried out by the Research and Documentation Centre (WODC) indicates that the Emotional Damage (Compensation Claims) Act which came into force on 1 January 2019 is working well. State Secretary for Legal Protection, Teun Struycken, wrote in a letter to the House of Representatives that in general terms, the law fulfils its objective: to provide acknowledgement and compensation to relatives for the suffering they experience when a loved one dies or is seriously and permanently injured by the actions of another. 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 instance, the government programme already includes the possibility for siblings, too, to claim compensation for emotional damage. This is in line with a key outcome of the evaluation of the law.
Positive and little disagreement
The evaluation shows that the law provides relatives with acknowledgement without too much disagreement. The relatives include the victim's partner, children and parents, or persons who have a similar relationship with the victim. The fixed circle of relatives who can claim the compensation and the fixed amounts that apply in this respect prevent discussion or disagreement on the matter. The lead time and information on claim progression are also perceived as good. On average, those receiving compensation give this a score of 7.9. The researchers noted in the evaluation that this is an extraordinary score, considering how difficult it is to translate the loss of a loved one into money and to cast the sensitive subject matter of this law into set rules. The current structure of the law will not be changed, therefore.
Extension to siblings
The government programme states that in future, siblings will also be able to claim compensation for emotional damage. The legislative proposal providing for this is expected to go to consultation by the end of 2025 and is in line with the outcome of the evaluation.
Teun Struycken: "When someone is a victim of an accident or crime and dies or suffers serious and permanent injuries, it has a great impact not only on the victim but also on their loved ones. Including their siblings. Especially if they are still living in the same household with the victim as part of their family. But the impact can also be great for siblings no longer living in the same household. Consider, for example, important life events such as a marriage, birth or death that can no longer be shared with their sibling. We will therefore amend the law so that siblings are also entitled to compensation for emotional damage."
Amounts to be increased
Price developments over the recent years have prompted an increase in the amounts of compensation. This is the first time since the introduction of the law in 2019. The amounts will be increased by roughly 12.5%. This will make the minimum compensation €14,000 and the maximum compensation will increase to €22,500. Insurers and the CJIB, who are involved in offering the compensation, will be urged to devote attention to better information provision and more personal and empathetic claim handling. Being mindful of the impact that events have can contribute to a sense of acknowledgement and thus redress for the suffering people experience.
What does the law entail?
The Emotional Damage (Compensation Claims) Act allows relatives of victims to claim compensation. They too are grieving as a result of the accident or crime that happened to the victim and will have to reshape their lives. The purpose of the compensation is to show that their grief is seen (acknowledged). For example, a child who is hit by a car and remains severely disabled for life. Or a partner who has passed away due to a medical error. A violent crime could also be the cause of the serious and permanent injury or death. Compensation for emotional damage does not undo the suffering of the victim's relatives. But it does offer acknowledgement, redress and helps with coping.
The victim's partner, children and parents, or those who have a similar relationship with the victim, are eligible for compensation for emotional damage. In this context, standardised compensation amounts are used to avoid painful and lengthy discussions about the connection with the victim, the degree of suffering and what would be an appropriate amount of compensation.
For more information: Compensation for emotional damage: non-economic damages for victims' relatives | Victims policy | Rijksoverheid.nl