Compensation and Loss of Maintenance for a Child Conceived Before a Parent’s Death

A child conceived but not yet born when a parent dies in an accident may, after birth, be entitled to compensation for pecuniary and non-pecuniary damage arising from that loss. In Judgment No. 254 of 29 January 2013 in commercial case No. 32/2012, Second Commercial Division, the Supreme Court of Cassation held that the entitlement arises at birth if the child is born alive and viable.

Non-pecuniary damage concerns deprivation of parental love, protection and support. Pecuniary damage may consist of the loss of maintenance the child would have received from the deceased parent. A compensation claim against the person responsible or another liable party must be distinguished from a maintenance claim against a living parent; compensation is not a continuing personal obligation of the deceased to pay maintenance.

Under Article 143(1) of Bulgaria’s Family Code, each parent must provide conditions for the child’s development according to that parent’s means and financial circumstances. Paragraph 2 provides for maintenance of children under 18 irrespective of whether they are able to work or can support themselves from their property. The minimum amount of one quarter of the minimum wage is laid down in Article 142(2), not Article 143(2). The amount is determined with regard to the child’s needs and the means of the person liable.

Where an unlawfully caused death deprives the child of future parental support, the specific harm must be assessed and proved. Under Article 51(1) of the Obligations and Contracts Act, direct and immediate consequences of the injury are compensated, including future harm where established. Loss of maintenance that would have been due may constitute pecuniary damage in the form of lost benefit. Compensation is not calculated automatically as an identical amount for every child or merely by multiplying minimum maintenance up to the age of 18.

For a consultation, prepare the birth and death certificates, accident documents and available evidence of the child’s parentage, the deceased’s income and the child’s needs. Tomovi Law Firm can assess the possible claim, the applicable insurance, the evidence and the time limits.

Legislative sources: Family Code, Articles 142–143; Obligations and Contracts Act, Articles 45 and 51.