Compensation following a death

When determining the amount of non-pecuniary damage suffered, the court must take into account both the evidence gathered and the principle of fairness under Article 52 of the Obligations and Contracts Act (ZZD). Compensation is considered fair when it reflects the actual extent of the emotional harm. In the event of death, the relationship between the deceased and the relatives claiming compensation, as well as their individual emotional experiences, are relevant.

Where a claim for compensation for non-pecuniary damage resulting from the death of a loved one is brought, the court examines and assesses all the harm suffered by the claimant that is a direct and immediate consequence of the injury. The claimant’s age and the nature, duration and intensity of the pain and suffering must be considered.

Where a parent has died, the child claiming compensation has experienced the full range of negative and traumatic consequences associated with the death of a parent and the loss of the deceased’s care for the home and family, both material and emotional, and of the support that parent provided. The child is regarded as having permanently lost the prospect of a normal life in a family with both parents. After a parent’s death, the child’s established way of life changes irreversibly. Because of the bond naturally inherent in the biological relationship from birth, the child experiences particularly acutely and intensely the adverse consequences of the irreversible loss of a parent. The child is permanently deprived of the parental care, love, emotional and material support from their father or mother on which every child relies from their parents until a certain age. The degree of closeness, attachment and affection in the relationship is taken into account.

Such non-pecuniary damage cannot be made good by a monetary equivalent. However, since this is the only form of redress available, the court must award an amount of compensation which it considers fair and consistent with the principle of fairness established by the legislature in Article 52 of the ZZD.

If a loved one has suffered a fatal accident, it is best to consult a lawyer practising in tort law and compensation for occupational accidents, road traffic accidents or other incidents.