Death in a Road Accident – What Compensation the Family Is Entitled To
Losing a close family member in a road accident is a tragedy that is hard to face. Legal and financial matters fade into the background at such a moment – understandably so. It is worth knowing, however, that the family of an accident victim is entitled to a range of benefits designed to at least partly alleviate the consequences of that loss. These claims are subject to limitation periods, and insurers – as with other road traffic claims – rarely offer full amounts on their own initiative.
Contents
- Who can bring claims following the death of a family member
- Compensation for pain and suffering following bereavement
- Compensation for a significant deterioration in living circumstances
- Reimbursement of funeral and medical costs
- A periodic allowance for those the deceased supported
- How insurers undervalue bereavement claims
- Limitation periods – when you can lose your claim
- A practical example from our caseload
- Frequently asked questions
Who Can Bring Claims Following the Death of a Family Member
The range of people entitled to bring claims following the death of a road accident victim is broader than most families realise. Under Article 446 of the Civil Code, claims belong primarily to the deceased’s spouse, children and parents. Courts also award compensation for pain and suffering to more distant relatives – siblings, grandparents, grandchildren – where they shared a particularly close emotional bond with the deceased. Each case is assessed individually, and the mere fact of being related does not automatically determine the amount of compensation due.
Compensation for Pain and Suffering Following Bereavement
Compensation for pain and suffering following the death of a close family member is governed by Article 446 § 4 of the Civil Code, which came into force in 2008. Its purpose is to compensate non-material harm – pain, suffering, loneliness and the sense of loss that cannot be reduced to a precise monetary figure. For this reason, the amount is assessed by the court individually in each case, taking into account the nature of the relationship with the deceased, the claimant’s age and the impact of the loss on their daily and emotional life.
There is no fixed scale or statutory range of amounts. Experience from our practice shows that insurers’ initial offers are typically far below the sums awarded by courts, and the difference between a settlement and a court judgment can be several times over.
It is worth noting that a claim for compensation under Article 446 § 4 of the Civil Code arises regardless of whether death was immediate or occurred some time after the accident.
Compensation for a Significant Deterioration in Living Circumstances
Separate from compensation for pain and suffering is a claim for compensation for a significant deterioration in the living circumstances of the closest family members, provided for by Article 446 § 3 of the Civil Code. This covers the measurable, if not always straightforwardly quantifiable, financial consequences of a close person’s death: the loss of practical and emotional support that translated into concrete financial benefit, a worsening of life prospects, and the need to incur additional expenses resulting from the changed family situation.
This claim is often overlooked by victims’ families because it is harder to “prove” in numerical terms than, say, lost earnings. Courts, however, take a broad view when assessing it – including the deceased’s contribution to running the household, raising children and organising family life.
Reimbursement of Funeral and Medical Costs
Under Article 446 § 1 of the Civil Code, a person who has borne the costs of the deceased’s treatment and funeral is entitled to claim reimbursement from the party liable to compensate the loss – in practice, from the at-fault driver’s insurer. Reimbursement covers reasonable funeral costs in accordance with local custom, including the ceremony, headstone and burial plot, as well as medical costs incurred before the victim’s death if they did not die at the scene.
Insurers sometimes dispute individual items of funeral expenditure as “excessive” – in such cases it is worth having invoices and documentation of the expenses incurred.
A Periodic Allowance for Those the Deceased Supported
If the deceased was legally obliged to pay maintenance at the time of their death, or voluntarily and regularly provided financial support to those in need of it, those persons may claim a periodic allowance from the at-fault driver’s insurer. The basis is Article 446 § 2 of the Civil Code. The allowance is intended to make good the financial loss caused by the loss of the support the deceased provided during their lifetime.
The most common claimants are the deceased’s children and spouse. In the case of children, the allowance continues until they are able to support themselves independently. The amount is determined on the basis of the deceased’s earnings and earning capacity, and the needs of those entitled.
How Insurers Undervalue Bereavement Claims
The practices used by insurers when settling claims following a fatal accident are similar to those in other personal injury cases – though the scale of undervaluation is often greater. Compensation for pain and suffering is most commonly undervalued: the insurer offers a sum several times lower than what a court would consider appropriate, counting on the fact that the family – consumed by grief and unaware of their rights – will accept the first offer.
A further problem is the narrow definition of who is entitled: the insurer refuses to pay siblings or grandparents, claiming they have not demonstrated a sufficiently close bond with the deceased. Court practice, however, makes clear that closeness of relationship is a factual matter which can be proved regardless of the degree of kinship.
It is also significant that many families are simply unaware of the claim for deterioration of living circumstances or of the possibility of claiming a periodic allowance. The insurer has no obligation to inform them of the full range of available benefits.
Limitation Periods – When You Can Lose Your Claim
Claims arising from the death of a close family member in a road accident become time-barred as a general rule after three years from the date on which the claimant became aware of the loss and of the person liable to compensate it – under Article 442¹ § 1 of the Civil Code. Where the death resulted from a criminal offence, the limitation period is 20 years from the date the offence was committed, regardless of when the family became aware of their claims. In practice, this means that in fatal accident cases where criminal charges were brought against the driver, the family has considerably more time to pursue civil claims.
A Practical Example from Our Caseload
A widow whose husband was killed in an accident on a main road near Poznań came to the firm. The at-fault driver’s insurer had offered her PLN 40,000 in compensation for pain and suffering and reimbursement of funeral costs. She had not been informed of the possibility of claiming compensation for the deterioration in her living circumstances or of a periodic allowance for her minor children.
After analysing the case, the firm filed a claim covering compensation for pain and suffering for the widow and both children, compensation for the significant deterioration in the family’s living circumstances, and a periodic allowance for the children until they reach financial independence. The Regional Court in Poznań awarded a total of over PLN 280,000 in compensation for pain and suffering and damages for the three claimants, together with a monthly periodic allowance for each of the children.
Frequently Asked Questions
Can a sibling claim compensation following the death of a brother or sister in an accident? Yes, if they shared a particularly close emotional bond. Courts do not restrict the class of claimants to spouses and children – what matters is the actual closeness of the relationship, which can be demonstrated through witness evidence and other means.
Can claims be brought if the accident happened several years ago? It depends on the circumstances. If criminal charges were brought against the driver, the limitation period is 20 years from the date of the accident. In other cases – three years from the date on which the claimant became aware of the loss and of the person responsible. If in doubt, it is worth consulting a lawyer before the deadline expires.
The insurer has already paid part of the compensation. Can I claim more? Yes, provided you have not signed a settlement agreement containing a waiver of further claims. Accepting a partial payment does not close the door to recovering the remaining amount.
Can children claim compensation following the death of a parent? Yes. Children are entitled both to compensation for pain and suffering following the loss of a parent and to a periodic allowance if the parent contributed to their maintenance. Claims on behalf of minor children may be brought by the surviving parent or legal guardian.
Does the driver have to be convicted in criminal proceedings before the family can claim compensation? No. Civil compensation proceedings are independent of criminal proceedings. The family can pursue claims against the at-fault driver’s insurer even where criminal proceedings are ongoing, have been discontinued or were never initiated.
Contact Us
The death of a close family member in an accident gives rise to claims that families are often unaware of.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.