In today's article, we'll discuss the principles of pursuing claims related to the death of a loved one as a result of an accident. Such an event is a devastating tragedy, bringing not only emotional pain but also often serious financial consequences for the injured party's family. In such a situation, loved ones of the deceased can seek the following benefits:
Compensation for harm
The deceased's immediate family members, such as spouses, children, parents, or siblings, have the right to seek compensation for the harm they have suffered. This benefit is intended to compensate for the mental suffering and emotional pain resulting from the loss of a loved one. The amount of compensation depends on many factors, including the degree of kinship, the depth of the emotional bond with the deceased, the age of the injured parties, and their living situation following the death of their loved one. Pursuant to Article 446 § 4 of the Civil Code, this claim is available only to immediate family members, and its purpose is to compensate not only for the pain of loss itself, but above all, for the premature loss of a family member.
According to the judgment of the Court of Appeal in Gdańsk of 29 March 2023, I ACa 1455/22, "When determining the amount of compensation for the death of a loved one, all circumstances affecting the extent of the harm suffered by the injured party should be taken into account, including, above all, the psychological shock and moral suffering caused by the death of a loved one, the feeling of loneliness and emptiness after their death, the type and intensity of the bond between the injured party and the deceased person, the role played in the family by the deceased person, the occurrence of disorders resulting from the death of a loved one (e.g. neurosis, depression), the degree to which the injured party will be able to find their way in the new reality and accept it, the age of the injured party."
Compensation for a significant deterioration in life circumstances
In the event of the death of a loved one who significantly impacted the family's financial situation, there is a right to compensation for the deterioration of their living situation. This compensation compensates for the loss of material support provided by the deceased, for example, as the primary breadwinner. The amount of this compensation depends on a number of factors, such as the deceased's age, income, number of dependents, and life expectancy.
The deterioration of the living situation referred to in Article 446 § 3 of the Civil Code refers not only to the current deterioration of the financial situation, but also to future property losses that the family may suffer as a result of this loss.
Funeral expenses reimbursement
The deceased's family is entitled to reimbursement for funeral expenses. This benefit covers expenses such as the purchase of a coffin, wreaths, cemetery fees, funeral services, and transportation of the body. To obtain reimbursement from the at-fault party's insurer, it is necessary to document the incurred expenses through receipts or invoices. Accurate proof of the incurred costs is crucial so that they can be appropriately reimbursed.
Reimbursement of medical and care costs before death
If the deceased person was hospitalized or required medical care before their death due to an accident, their immediate family members (spouse, children, parents, siblings) may apply for reimbursement of medical expenses. This benefit covers expenses related to inpatient and outpatient treatment, rehabilitation, purchase of medications and medical equipment, and home care. To receive reimbursement, these expenses must be properly documented, e.g., through receipts and invoices.
Pension for entitled persons
Relatives of the deceased who were supported by the deceased or for whom the deceased had a statutory obligation to provide maintenance may apply for a pension from the person responsible for the accident or their insurer. This pension may be awarded, among other things, to children supported by the deceased until they complete their education, and to a spouse if the deceased was the primary breadwinner. The legal basis for claiming such a pension is Article 446 § 2 of the Civil Code. A pension may be granted for a fixed or indefinite period, depending on the financial situation of the eligible individuals and their degree of financial dependence on the deceased.
In the event of the death of a loved one as a result of an accident, loved ones can pursue a variety of claims, including compensation for damages, loss of life, pensions, and reimbursement of funeral and medical expenses. If you have any questions or need assistance in gathering the necessary documents, please contact our law firm. We will help you through every step of the compensation and damages process.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 22, 2024
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