What are bereavement damages

Bereavement damages refer to compensation for emotional suffering caused by serious injury or death of a loved one. It does not concern financial loss, but recognition of grief.

The law provides a fixed group of eligible claimants, including:

• spouses and partners

• parents and children

• persons who care for each other in a family context

Compensation consists of fixed amounts ranging roughly from €12,500 to €20,000, depending on the situation.

For siblings, compensation for emotional harm is still too often dependent on exceptional proof of what is, in reality, a very ordinary yet deeply impactful bond.

Why siblings are excluded

Notably, siblings are not automatically included in this group. They can only rely on what is known as a hardship clause.

This means they must demonstrate that their relationship with the victim was so close and exceptional that it would be unreasonable to deny compensation. In legal terms, fairness and reasonableness must require that they are treated as a “close relative.”

The legislator made this choice deliberately. On the one hand, the system needed to remain manageable. On the other, there was a desire to avoid an overly broad group of claimants. This tension is still visible in practice.

How courts apply the hardship clause

Case law shows that claims by siblings are rarely successful. In most cases, courts reject the claim.

The key question is whether the relationship clearly exceeds that of a “normal” family bond.

When claims are successful

Courts are more likely to award compensation when multiple factors are present, such as:

• long-term cohabitation in a family setting

• a care relationship, such as informal caregiving

• a role that goes beyond that of a typical sibling

• intensive daily involvement

Examples include situations where:

• a brother effectively fulfilled a parental role

• siblings formed a shared household

• there was mutual care for a parent

• one sibling structurally cared for the other

In such cases, the relationship is considered sufficiently exceptional.

When claims are rejected

In most cases, claims are rejected even when there is:

• frequent or daily contact

• shared holidays

• strong emotional bonds

• long-standing family ties

Circumstances such as:

• a small age difference

• growing up together

• shared background or experiences

• emotional support in difficult times

are generally not enough.

Courts place significant weight on whether there is a clear care relationship or a situation that strongly deviates from an average family relationship.

Why this is problematic

For many siblings, this outcome feels unjust. The loss of a brother or sister can be just as profound as losing a parent or child. Yet the law does not always reflect that reality.

This tension was also highlighted in the MH17 case. The court explicitly acknowledged the difficult position of siblings and called on the legislator to reconsider their status.

It is also notable that siblings are recognised in other legal frameworks. For example, they have speaking rights in criminal proceedings and may qualify for compensation through the Violent Offences Compensation Fund.

What this means in practice

The current legal approach is strict. If you are a sibling seeking compensation, it is essential to substantiate the relationship as concretely as possible.

This includes explaining:

• what daily life looked like

• whether there was care or dependency

• how intensive and structural the contact was

• what role you played in each other’s lives

The more concrete the evidence, the greater the chance that the court will seriously assess the claim.

Evaluation of the law

The law is currently under evaluation, and the position of siblings is a key issue. The debate no longer focuses on whether change is needed, but how it should be implemented.

A possible solution is to explicitly include siblings in the law, potentially distinguishing between:

• cohabiting siblings

• non-cohabiting siblings

This would better reflect reality and align with the purpose of the law: recognition and acknowledgment of suffering.

Conclusion

The current framework offers limited room for siblings to claim bereavement damages. The hardship clause only succeeds in exceptional cases, often involving cohabitation and caregiving.

For many victims, this leads to a lack of recognition. The ongoing evaluation of the law presents an important opportunity to reconsider this position.