Compensation for the death of a loved one (the deceased whose estate passes to the heirs)

Under Article 51(1), read together with Article 52, of the Bulgarian Obligations and Contracts Act, compensation is due for actual loss. Whether that loss exists must always be assessed in light of the facts of the particular case. Compensation for non-pecuniary damage caused by the death of a loved one is assessed as at the time when the right to compensation arose, because the harm materialised when the tort was committed. In assessing the amount, account must be taken both of the harm and suffering already experienced and of the suffering the injured person will continue to experience: continuing pain and suffering do not constitute a new legal basis for compensation. The length of time for which the person has suffered and is expected to suffer must therefore be reflected in the award. In assessing damages for a tort, the court must also take into account the economic and social conditions in the country at the time the harm was caused. Economic circumstances are only one element of the fairness test under Article 52 of the Act. The assessment must also reflect the prolonged suffering the claimant has already endured and the pain they will continue to experience following the loss. This is the settled approach of the Supreme Court of Cassation, as illustrated by judgment No. 142 of 01.10.2012 in commercial case No. 957/2011, judgment No. 189 of 04.07.2012 in commercial case No. 634/2010, and judgment No. 73 of 16.09.2013 in commercial case No. 964/2011, all delivered by its Second Commercial Division, among other decisions.

If you have questions about a road traffic accident or motor third-party liability insurance, if an insurer has refused compensation, or if you have suffered a workplace accident or an accident within a built-up area, consult a lawyer who practises insurance and tort law, represents clients in court and has experience in claims for wrongful injury and unpaid compensation.

If you have received a statement of claim or a summons to appear in court, consult an experienced lawyer without delay about your rights and the steps you need to take to protect your interests.