Who can claim compensation for non-pecuniary harm following the death of a loved one?

Who may recover compensation for non-pecuniary harm caused by the death of a loved one or relative?

In Interpretative Case No. 1/2016, the General Assembly of the Civil, Criminal and Commercial Chambers of the Supreme Court of Cassation held that the persons entitled to compensation for non-pecuniary harm caused by the death of a loved one are those identified in Resolutions No. 4 of 25 May 1961 and No. 5 of 24 November 1969 of the Plenum of the Supreme Court. Exceptionally, another person may qualify if they formed a lasting and deep emotional bond with the deceased and the death caused enduring pain and suffering for which it is fair to award compensation in the particular case. An award requires proof both of an especially close relationship and of harm actually suffered as a result of the death. In practice, such claims most often arise after a road traffic accident or an accident at work.

The court explained that compensation should be awarded only if the evidence establishes beyond doubt that the claimant has fully discharged the burden of proving a deep and lasting emotional bond with the deceased and serious emotional pain and suffering, in both intensity and duration, resulting from the death. It recognised that in traditional Bulgarian family life, siblings belong to the closest circle of relatives and family members, and that their relationships are characterised by mutual affection, moral support and spiritual and emotional closeness.

This article is not a legal opinion or advice about any particular person or situation, and the author does not claim to cover compensation following the death of a relative or loved one exhaustively. For legal assistance in a similar case, consult a lawyer practising civil law, particularly claims for redress and monetary damages.