Non-pecuniary damages for a surviving relative

In interpretative case No. 1/2016, the General Assembly of the three chambers of the Supreme Court of Cassation held that those entitled to non-pecuniary damages for the death of a loved one include the persons identified in Supreme Court Plenum Decrees No. 4 of 25.V.1961 and No. 5 of 24.XI.1969. Exceptionally, another person may recover if they formed a lasting and deep emotional bond with the deceased and the death caused prolonged pain and suffering for which compensation would be just. An award requires proof both of an especially close relationship and of harm actually suffered as a result of the death.

The reasons for the decision explain that compensation is due only if the evidence establishes unequivocally that the claimant has fully proved a lasting, deep emotional bond and serious mental pain and suffering, in both intensity and duration, resulting from the death. The Court recognised that in traditional Bulgarian family relationships, siblings, and likewise grandparents and grandchildren, belong to the closest circle of relatives. Their relationships are characterised by mutual affection, moral support and spiritual and emotional closeness.

Where the competent court finds that particular life circumstances made the attachment so strong that one relative’s death caused the other suffering exceeding in intensity and duration what is ordinarily associated with that relationship, it is just to recognise the surviving relative’s right to non-pecuniary damages. Formal kinship alone is insufficient. The survivor’s suffering must justify an exception to the rule in Plenum Decrees Nos. 4/61 and 5/69 that, in the event of death, only those closest to the deceased are entitled to compensation.

To present full proof of the relevant facts and circumstances, the claimant should engage a lawyer to represent them before the court with subject-matter and territorial jurisdiction.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a lawyer practising in tort law.