The devastating experience of losing a loved one cannot be compensated by any monetary amount. If you have faced such a misfortune, you are likely to endure numerous difficulties — not only psychological but also physical. This may lead to a significant deterioration in your health and negatively impact your financial situation.
Polish law provides the possibility for you to obtain appropriate compensation from the party responsible for the harm caused, to mitigate its negative effects at least partially. Beyond an appropriate compensatory pension and reimbursement of medical and funeral costs for the deceased close person, you are also entitled to seek appropriate compensation and redress. These constitute the most significant claims for which the responsible party is obligated to pay in such situations.
In the article “Compensation for the Death of a Loved One”, I described the general principles on which the perpetrator of harm leading to the death of a loved one is held accountable and detailed the rules for obtaining the first two types of compensation. In this article, I will focus on two of the most important aspects — compensation and redress.
From this post, you will learn:
- What is compensation for the death of a loved one?
- What is redress for the death of a loved one?
- When does the right to claim redress arise?
- What could be the amount of redress for the death of a loved one?
- How to obtain compensation and redress for the death of a loved one?
- Does the claim for compensation and redress expire?
- Can the claim for compensation and redress be inherited?
- FAQ
What is compensation for the death of a loved one?
Compensation for the death of a loved one is regulated under Article 446 § 3 of the Polish Civil Code. According to this provision, the court may award the closest family members of the deceased appropriate compensation if their living situation has significantly deteriorated as a result of the death.
The terms “closest family members” and “significant deterioration in their living situation” were explained in detail in the article mentioned in the introduction.
Compensation for the death of a loved one is intended to repair the material harm caused by the perpetrator. Its purpose is to offset the financial loss that the indirectly harmed person has suffered due to the accident resulting in the death of their loved one.
The basis for granting compensation is the significant deterioration in the living situation of the eligible person. This applies not only to their current financial situation but also to the loss of realistic possibilities for improvement, achieving better living conditions, and fulfilling future plans. For example, a child might have to abandon their education to take care of younger siblings orphaned by the death of their parents.
Compensation covers the repair of material damage. This may result from, for example, the inability to receive a portion of the deceased’s income previously provided to the claimant. Such harm may also stem from the lack of savings on expenses for various needs previously met by the deceased, the deprivation of care and support, or the inability to benefit from the deceased’s skills and assistance in everyday matters.
This affects the financial situation of the claimant, especially due to the need for additional expenditures that would not have occurred if the loved one were still alive. For instance, a mother who can no longer rely on her deceased son’s financial support or his future care is in such a situation.
Amount of Compensation for the Death of a Loved One
You should know that the described compensation has a special character, as it includes broadly understood material damages that are often intangible or difficult to calculate precisely. Its extent depends on the assessment of the claimant’s living and financial situation.
Due to the impossibility of precisely calculating the extent of the harm caused by the death of a loved one, the court may award a lump-sum monetary compensation. This decision takes into account these particular circumstances.
This means that the amount of compensation for the death of a close family member ultimately rests within the discretionary judgment of the court hearing the case. However, it must have a clear economic dimension and involve an amount perceived as real and adequate by both the claimant and an objective viewpoint reflecting the opinion of most reasonably thinking people.
The burden of proof in this regard always rests with the party seeking compensation. It should be noted that the compensation cannot lead to unjust enrichment of the claimant, as this would violate the nature of compensation as a tool for addressing material harm.
Does Compensation for the Death of a Loved One Cover All Losses?
It is worth mentioning that the compensation obtained under this provision does not strictly correspond to the Polish legal principle of obtaining full compensation for all incurred losses. According to the Civil Code, it should be “appropriate,” meaning it facilitates the claimant’s adjustment to the changed living situation. Thus, it does not encompass all potential material damages causally related to the death of the directly harmed person.
The extent of due compensation is determined by the claimant’s altered financial situation, which worsened significantly compared to the prior situation shaped by the deceased’s contributions. This means that the court evaluates the case individually based on its specific circumstances as part of its discretionary assessment.
The determination of the harm subject to compensation should reflect the situation existing at the time of judgment. However, the maturity date of the compensation claim should consider the amount owed when the claim was submitted to the liable party. Hence, it is crucial to document your demand for compensation with a written request, ideally with acknowledgment of receipt.
It is important to note that the described compensation cannot be granted if the close person who was harmed is alive and can seek full redress from the perpetrator. This includes cases where the individual suffers from severe illness or disability equating them to a deceased person, such as when no communication is possible.
Even the severe and permanent disability of a close person does not suffice for awarding such compensation, despite its similar or even greater impact on the family’s functioning in the long term.
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What is Redress for the Death of a Loved One?
The legal basis for obtaining redress is Article 446 § 4 of the Civil Code, which states that the court may award the closest family members of the deceased an appropriate amount as monetary redress for the harm suffered. This is an independent entitlement, separate from the described compensation, and it can be claimed concurrently.
As a rule, redress is a monetary sum intended to address non-material harm, such as suffering. This manifests as psychological and physical distress caused by the death of a close person, associated with feelings such as:
- Loneliness,
- Emptiness,
- Longing,
- Persistent grief,
- Overwhelming sadness,
- Despair,
- Negative and fluctuating moods,
- Depression,
- Deterioration in quality of life,
- General despondency, etc.
How is Redress Different from Compensation?
Redress aims to address the claimant’s sense of harm. Through redress, the claimant receives financial means from the party responsible for the loved one’s death. Its function is to alleviate the claimant’s psychological suffering caused by the event and assist in adjusting to the changed personal circumstances. Therefore, it serves primarily a compensatory function, intended to balance the claimant’s harm in the form of suffered distress.
In this way, it differs from compensation, which aims to offset incurred damages. Compensation covers material and immaterial losses, while redress focuses solely on compensating for non-material harm caused to the individual. The amount of redress is determined by considering the degree and duration of the claimant’s suffering, as well as factors such as:
- Limitations in daily functioning,
- Hindrance to personal development,
- Exclusion from normal life,
- Impediment to full earning capacity.
Redress encompasses both present and future suffering. The responsible party should provide the claimant with a sum sufficient to diminish or at least alleviate their sense of harm and help them regain psychological balance.
When Does the Right to Claim Redress for the Death of a Loved One Arise?
The right to claim redress arises when the death of the close person occurs as a consequence of a harmful event. Thus, the event causing the harm alone, such as bodily injury or health impairment, is not sufficient. There must be a causal link between the wrongful act of the perpetrator and the death of the harmed party.
In such cases, the date of death constitutes the event from which the family members’ claims for redress arise. Consequently, the date of the perpetrator’s action resulting in health impairment or injury leading to death does not determine the time when the claim becomes enforceable.
What Could Be the Amount of Redress for the Death of a Loved One?
You should be aware that no legal provision sets specific criteria for determining the amount of redress for the death of a close person. It is generally accepted that the determination should consider all relevant circumstances, primarily the extent of harm suffered. The criteria that the court should consider when setting the amount of redress include:
- Psychological shock and moral suffering caused by the death of a loved one,
- Sense of loneliness and emptiness after their death,
- Type and intensity of the bond with the deceased,
- The role played by the deceased within the family,
- The occurrence of disorders caused by the death, such as neurosis or depression,
- The extent to which the claimant can adapt to and accept the new reality,
- The claimant’s age.
Both the circumstances affecting the amount of redress and the measures used to assess them must be individually considered by the court concerning the specific claimant. The sums awarded as redress in similar cases are therefore only indicative and may serve as general guidelines, helping to avoid glaring disparities in similar factual circumstances. However, they cannot serve as a direct criterion for determining the amount in your case.
The Supreme Court has repeatedly stated that in assessing the amount of redress, the claimant’s social and financial status should not be considered. However, the court may refer to the “standard of living of society,” which indirectly sets the boundaries within which the redress should be contained. This additional criterion limits the amount of redress to ensure it does not lead to the claimant’s enrichment. However, it must not deprive redress of its compensatory function or disregard other factors shaping its size.
Thus, redress is not dependent on the claimant’s financial situation or material harm suffered. Its value must be economically significant but not excessive relative to the claimant’s harm and the current financial conditions of society. As such, it should remain within reasonable limits. Moreover, redress must adhere to the principle of fairness, particularly ensuring it does not lead to unjust enrichment.
How to Obtain Compensation and Redress for the Death of a Loved One?
Obtaining compensation for the death of a loved one requires effort and the completion of several legal actions. The effective pursuit of these claims depends on their proper execution.
Initially, you should determine the type and extent of the harm you have suffered.
Next, you must gather all necessary documentation related to the event causing the death and establish the accompanying circumstances. You should primarily:
- Collect witnesses who can confirm the occurrence of the accident and its consequences,
- Secure all evidence indicating the harm you suffered and its extent. These may include invoices for medical treatment, medication purchases, rehabilitation equipment, and relevant medical certificates.
A crucial piece of evidence you should obtain and present to the court is a private opinion prepared by a specialist doctor on your current health condition and the harm suffered due to the death of your loved one. Only they can objectively determine whether the negative consequences you are experiencing are due to such an event rather than other circumstances. If this is unequivocally demonstrated, you will have a solid basis for pursuing your claims in court.
The next step is to formally request the perpetrator to voluntarily pay compensation and redress. This request must be properly formulated, specifying the amount claimed and the deadline for payment. It should also describe the event causing the harm and include details such as the date and place of the request’s preparation and your signature.
If the perpetrator has an insurance policy, you should address this request to the relevant insurance company.
If this action does not yield results, the next step is to file a lawsuit with the appropriate court, which is usually the one in the district where the defendant resides or has their registered office.
The court’s jurisdiction in cases involving claims for compensation and redress depends on the value of the claim. If the amount exceeds PLN 100,000, the case will be heard by the district court. If it is lower, the case will be evaluated by the regional court.
Does the Claim for Compensation and Redress Expire?
Unfortunately, the answer to this question is affirmative — these claims are subject to expiration. This occurs three years from the day when the claimant learned or could have learned with due diligence about:
- The harm, and
- The person obliged to repair it.
It is important to remember that both conditions must be met simultaneously.
Significantly, this period cannot exceed ten years from the date of the event causing the harm.
If the harm was caused by an act constituting a crime or offense, the limitation period for the claim extends to twenty years from the commission of the offense, regardless of when the claimant learned of the harm and the liable party.
You should also know that the limitation period for claims made by minors for personal harm cannot end earlier than two years after they reach adulthood.
Can the Claim for Compensation and Redress Be Inherited?
Claims for compensation and redress for the death of a loved one are personal and closely tied to the person entitled to them. This means they cannot be transferred through legal actions such as a sale or gift agreement. However, this is possible if they are already due and recognized in writing or awarded by a final court decision. Can they be inherited?
In this context, you should know that the claim for appropriate compensation for the death of a loved one becomes part of the estate and passes to the heirs of the person entitled to it. This means they will be entitled to it if it would have been due to the deceased.
The claim for redress for the harm caused by the death of a loved one is also inheritable. This issue was considered by the Supreme Court, which in a resolution of December 12, 2013 (III CZP 74/13, LEX no. 1405242), deemed it fully permissible. However, the principle applies that this can only occur if the claim was recognized in writing or if legal action was initiated during the life of the claimant.
After reading this article, you likely realize how complex and intricate cases involving compensation and redress for the death of a loved one can be. Assistance from a law firm specializing in compensation cases can be invaluable. Contact us.
