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Compensation and Redress for the Death of a Loved One – How the Law Helps Ease the Greatest Tragedies?

Has an accident taken a loved one from you? I understand how difficult it is to live with such a loss. Although the law cannot turn back time, it provides mechanisms to help ease your pain. Do you want to claim compensation and redress for the death of a loved one? Do it in the best possible way!

The road to obtaining compensation and redress is long and challenging, and the responsible party will do everything to avoid payment. Unfortunately, we know this all too well. However, we also know what to do to secure everything you are entitled to. Contact us and see how we can help you!

The right lawyer will give you peace of mind and increase your chances of success. Remember—you only have one chance. You cannot redo a case for compensation and redress for the death of a loved one.

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Home / Civil cases / Compensation / Compensation and Redress for the Death of a Loved One

What Do You Gain?

Peace of Mind

Your case will be in the best hands.

Confidence

We will use every opportunity to obtain the appropriate compensation and redress for the death of your loved one.

Satisfaction

The compensation and redress can serve as another consequence for the perpetrator of the tragic event.

Securing a satisfactory and expected outcome is our primary goal—from the first negotiations to the final court hearing. Allow us to help and discover how effectively and efficiently our lawyers work in handling complex cases for compensation and redress for the death of loved ones.

Let us help you and find out what it’s like to work with a lawyer specializing in compensation and redress for the death of a loved one. What does it look like in practice?

What Can You Claim for the Death of a Loved One? What Is the Legal Basis for Seeking Compensation for the Death of a Loved One?

Under the Civil Code, specifically Article 446, you are entitled to:

  • Compensation (Article 446 § 3 of the Civil Code),
  • Redress for pain and suffering (Article 446 § 4 of the Civil Code),
  • Other benefits (Article 446 § 1 and § 2 of the Civil Code).

When and To Whom Can the Court Grant Compensation and Redress for the Death of a Loved One?

In cases of tragic death caused by another party (e.g., a traffic accident perpetrator or an incompetent doctor), close relatives of the deceased may seek compensation if the death significantly worsened their living situation. Close relatives are also entitled to an appropriate sum as financial redress for the harm they have suffered.

Who Are the Closest Family Members of the Deceased?

In cases concerning compensation and redress for harm caused by the death of a loved one, courts generally recognize the following as the closest family members: Spouses, Parents, Children, Siblings, Grandparents, Grandchildren, Partners (in cohabitation), Fiancés/fiancées, Children of the partner or cohabitant.

This list is not exhaustive. If you are unsure whether you belong to the group of the deceased’s closest relatives, please refer to this article.

What Is a Significant Worsening of Living Conditions?

The determination of whether there has been a significant worsening of living conditions for the deceased’s closest family is made by the court ruling on the case. The court considers, in particular:

  • The extent of financial detriment suffered by the indirectly affected person,
  • Their health condition, age, living conditions, and difficulties, as well as the familial and financial circumstances in their environment,
  • A comparison of the claimant’s current situation with the state they would have been in had the death not occurred.

Compensation for the Death of a Loved One

The purpose of compensation is to offset the material loss suffered by the claimant due to the accident that caused their loved one’s death. Compensation must have a clear economic dimension, providing a sum that the claimant perceives as real and adequate. The amount of compensation is determined by the change in the financial situation of the claimant, significantly worsened compared to the prior state.

Redress for the Death of a Loved One

Redress is independent of compensation and may accompany it if the claimant demands it and if the prerequisites for granting it are met. It constitutes a financial sum intended to offset non-material harm, such as emotional distress. The amount of redress is determined by considering:

The degree and duration of suffering experienced by the claimant,
Restrictions in daily functioning,
The inability to pursue personal development,
Withdrawal from normal life,
Limitations in full earning potential.

What Other Civil Benefits Are Available Due to the Death of a Loved One?

  • Compensatory annuity – Individuals entitled to maintenance from the deceased can claim an annuity calculated according to their needs and the earning and financial capabilities of the deceased. Other close relatives to whom the deceased voluntarily and regularly provided maintenance can also claim this annuity, provided it is justified by social norms.
  • Reimbursement of medical and funeral expenses – If death resulted from bodily injury or health disorder, the liable party must reimburse the medical and funeral expenses to whoever incurred them. Funeral expenses should not exceed the ordinary standard accepted in the deceased’s community.

A compensation law firm at your service!

Experiencing property damage can be stressful. The process of claiming compensation for property damage can be equally stressful and complicated. In such situations, the compensation law firm will provide invaluable support. Don’t risk another property damage – contact us!

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What Are the Rules of Liability for the Death of a Loved One?

The liable party responsible for the death of a loved one is obligated to pay compensation, redress, and other described benefits to the indirectly affected individuals. This liability arises from the need to address the negative consequences caused by the incident.

A necessary condition for liability is an adequate and evident causal link between the harm suffered by the claimant and the actions of the responsible party.

If the deceased had an insurance policy, the obligation to pay compensation lies with the insurer, i.e., the insurance company. The liability of the perpetrator or insurer may be proportionally reduced if the claimant contributed to the damage or to its aggravation.

Steps to Claim Compensation and Redress for the Death of a Loved One
  • Prepare documents confirming the death and its circumstances, as well as documents proving your close relationship with the deceased.
  • Gather evidence confirming the perpetrator’s liability.
  • Collect receipts or evidence of expenses incurred for medical treatment or the funeral of the deceased.
  • Document the emotional distress and suffering you endured.
  • Submit a claim to the perpetrator or their insurer and wait for their response.
  • Negotiate a settlement or file a lawsuit if amicable resolution is not possible.
Do You Deserve Redress for Bodily Injury or Health Disorders of a Loved One?

The death of a loved one is not the only situation where you can claim compensation or redress for harm. In cases of severe and permanent bodily injury or health disorders, the court may award financial redress to the closest family members if the condition results in the inability to establish or maintain family bonds.

The party responsible for the death of your loved one refuses to pay you adequate compensation and damages? Contact us!

What is compensation for the death of a loved one? How much compensation are you entitled to? Is something unclear? Contact us and let us clear up any doubts.

What Will We Do to Ensure the Responsible Party Pays Compensation and Redress?

01

Evaluate your options

We will analyze your legal situation and explain the legal basis for future actions. We will explain all the legal grounds for future actions and choose the best course of action. We will obtain expert opinions regarding the extent of the damages you have suffered and the costs of covering them.

02

Demand payment

On your behalf, we will issue a demand for voluntary compensation and redress. We will inform of the consequences debtor will face if fails to respond to your demands.

03

Litigation and court representation

If the responsible party refuses to cooperate, we will file a lawsuit and represent you in court. After obtaining a favorable judgment, we will enforce its provisions.

01

Evaluate your options

We will analyze your legal situation and explain the legal basis for future actions. We will explain all the legal grounds for future actions and choose the best course of action. We will obtain expert opinions regarding the extent of the damages you have suffered and the costs of covering them.

02

Demand payment

On your behalf, we will issue a demand for voluntary compensation and redress. We will inform of the consequences debtor will face if fails to respond to your demands.

03

Litigation and court representation

If the responsible party refuses to cooperate, we will file a lawsuit and represent you in court. After obtaining a favorable judgment, we will enforce its provisions.

Do you have a problem with the responsible party refusing to pay? Contact us to find out how we will make them take responsibility for their actions and compensate you for your loss!

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5/16 Silniczna Street, 25-515 Kielce

You are cordially invited to contact me and meet me in person to discuss the possibilities and optimal legal solutions.

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