The loss of a parent is an unimaginable blow. For a child, it means not only excruciating pain and emptiness, but often a sudden deterioration of their entire life situation. Fortunately, Polish law does not leave orphaned children without support. In such moments, you can seek compensation and redress to alleviate this difficult situation.
On what basis can we apply for assistance?
When we discuss support following the death of a loved one, we rely on the Civil Code. There are two main paths:
- Compensation for harm (Article 446 § 4 of the Civil Code): This is compensation for what cannot be measured in money: pain, mental suffering, trauma, and the severance of the strongest bond . The goal is to soften the emotional blow.
- Compensation for deterioration of life circumstances (Art. 446 § 3 of the Civil Code): This, in turn, is intended to compensate for financial and property losses. The idea is that the child's life has become worse because they have lost the support, assistance, and money provided by their deceased parent.
What does compensation include? It's not just current expenses!
Compensation isn't just about filling a hole in a household budget. Thanks to Supreme Court rulings, we understand this concept much more broadly.
1. Lost support for adult life
The Supreme Court (e.g. in the groundbreaking judgment IV CSK 149/18 ) clearly stated: compensation must take into account not only the loss of funds for the current maintenance of the child, but also what the deceased parent would not have been able to provide in the future.
What exactly is this about?
In well-functioning families, parents support their children as they enter adulthood. Compensation includes:
- Hypothetical wedding gifts.
- Financial support for the purchase of your first apartment or car.
- Other donations and assistance that the child would receive to start their adult, independent life.
The court found that the inability to receive these gifts constituted a real, financial loss! Thanks to this approach, children who lost their father in an accident and demonstrated a high probability of receiving financial assistance from their deceased parent upon entering adulthood could each receive PLN 100,000 in compensation , taking into account this future loss. Compensation is intended to provide real and tangible assistance .
2. Compensation annuity
Children, especially younger ones, are also entitled to a pension . This is intended to compensate them for losing a permanent source of income – as the parent was obligated to support them. It can be paid monthly or as a lump sum.
3. Insurance money
If the deceased had private life insurance , the benefit from that policy is paid independently of the indemnity and compensation award. It's an additional, contractual cash injection.
Who pays and how to defend yourself?
Most often, claims are filed against the at-fault party's third-party liability insurer , especially when death occurs in a road accident. If another person or institution (e.g., a hospital, employer) was at fault, that person is liable.
If a parent's death was the result of a crime (e.g., a fatal accident), claims are subject to a statute of limitations of 20 years from the date of the crime . This gives the bereaved child time to fight for justice.
Because compensation is a very complex and emotionally difficult matter, and insurers often underestimate the amounts offered, it's worth seeking the support of a lawyer . A specialist will help gather evidence and ensure that the full scope of losses is considered—including those that were not expected until the child's adulthood.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of November 26, 2025.
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