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Compensation for survivors of victims of road traffic accidents, occupational injuries and occupational diseases

Compensation for non-material damage to survivors represents financial compensation for the so-called mental distress of immediate family members in the event of death or particularly serious damage to health of a person close to them.

The survivors in relation to the deceased person are mainly:

  • husband, wife
  • parents
  • children
  • siblings
  • persons close to the deceased person who had a close and emotional relationship with the deceased: grandson, granddaughter, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, nephew, niece, but also a close family friend.

What is the amount of compensation for mental distress?

The old Civil Code prescribed the amount of compensation to the survivors in a fixed lump-sum, which, however, did not take into account the circumstances of the case, in particular the intensity of the relationship between the deceased and the particular survivor. The new Civil Code has already abandoned the generalisation of compensation for mental distress to the survivors and merely states in general terms that monetary compensation must fully compensate the survivors for their suffering.

Beware of the insurance company's determination of the specific amount of mental distress. In practice, insurance companies reduce compensation payments to the lowest acceptable level. Insurance companies have their own legal departments, or cooperate with law firms, and are therefore equipped with sufficient professional staff to promote their interests. Legal assistance to the survivors of victims of road traffic accidents, occupational and public service injuries is therefore essential right from the start of the compensation process.

Compensation for survivors of victims of road traffic accidents is covered by the insurance company from the compulsory motor third party liability insurance of the person responsible for the accident. You do not have to worry that your compensation claim will not be paid due to the insolvency of the person responsible for the accident.

Compensation for survivors of victims of occupational and public service injuries is paid by the insurance company of the deceased person's employer. You do not have to worry that your compensation claims will not be paid because the employer is insolvent

Legal assistance for survivors at our law firm includes:

  • arranging for compensation for survivors from the insurance company; and
  • representation of the survivors in related criminal proceedings against the person responsible for the accident.
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