Compensation and Redress for the Death of a Loved One – How the Law Can Help After the Greatest Tragedy
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 ways to ease the consequences. If you are considering a claim for compensation and redress for the death of a loved one, I can help you pursue it calmly and carefully.
The road to compensation and redress can be long and demanding, and the party responsible often tries to avoid paying. I know this from experience – and I know what steps to take to pursue everything you are entitled to. Contact me and find out how I can help.
The right lawyer will give you peace of mind and support you throughout the process. Remember that once a claim for compensation and redress for the death of a loved one has been decided, it generally cannot be brought again – so it is worth preparing it carefully.
What Do You Gain?
Peace of Mind
Your case will be handled with care and experience.
Confidence
I will use every available means to seek appropriate compensation and redress for the death of your loved one.
Satisfaction
Compensation and redress also mean that the party responsible bears the consequences of the tragic event.
My primary goal, from the first negotiations to the final court hearing, is an outcome that meets your expectations.
Find out what it is like to work with a lawyer specialising 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 lawyer experienced in compensation cases at your side
Losing a loved one is devastating, and claiming compensation and redress can add stress and complexity at an already difficult time. In such situations, a lawyer experienced in compensation cases can provide valuable support. Contact me.
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 causal link between the harm suffered by the claimant and the actions of the responsible party.
If the perpetrator was covered by third-party liability insurance (e.g. motor liability insurance), the claim can be made directly against their 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.
Is the party responsible for the death of your loved one refusing to pay adequate compensation and redress? Contact me.
What is compensation for the death of a loved one? How much compensation are you entitled to? Is something unclear? Contact me and I will clear up any doubts.
What Will I Do to Pursue Compensation and Redress from the Responsible Party?
01Evaluate your options
I will analyse your legal situation, explain the legal grounds for further action and choose the best course of action with you. I will obtain expert opinions on the extent of the damage you have suffered and the cost of remedying it.
02Demand payment
On your behalf, I will send a demand for voluntary payment of compensation and redress, setting out the consequences the debtor will face if it fails to respond.
03Litigation and court representation
If the responsible party refuses to cooperate, I will file a lawsuit and represent you in court. Once a favourable judgment is obtained, I will see that it is enforced.
Is the responsible party refusing to pay? Contact me to find out how I can help you hold them accountable and seek compensation for your loss.
Let’s talk about your case.
25-515 Kielce
by appointment
Write to me
Briefly describe your case – I will call or write back. Everything you write is covered by attorney–client privilege.
I will get back to you as soon as possible. If the matter is urgent, call: +48 698 184 481.