Court Proceedings for Compensation

What benefits are available to the family members of a person who dies in a traffic accident? Is it worth pursuing a lawsuit and seeking the help of professional lawyers?

In May 2020, a tragic road accident occurred in which Sylwia P. lost her life instantly. The driver of a truck lost control of the vehicle and veered into the opposite lane, causing a head-on collision with the vehicle driven by the victim.

Sylwia P. was just 34 years old, a young woman, wife of Mariusz P., and the beloved mother of five-year-old Wiktoria P. The sudden death of Sylwia P. also brought immense sorrow to her parents, siblings, and grandparents. The loss of the victim left her loved ones devastated, filled with an overwhelming sense of injustice and pain. The tragic accident irrevocably changed their lives. Wiktoria P. lost the chance to grow up in a complete family and will never again feel the warmth, support, and love of her mother.

The family of the deceased turned to the Polska Kancelaria Pomocy Poszkodowanym, where a qualified legal team took up the case. Initially, Sylwia P.’s family approached the insurance company, which paid the husband and minor daughter compensation of PLN 25,000 each, while the parents of the deceased received PLN 10,000 each. The insurer refused to pay any compensation to the other family members. The lawyers at the Polska Kancelaria Pomocy Poszkodowanym deemed these amounts to be inadequate and decided to take the case to court. Additionally, a criminal case was pursued against the driver responsible for the accident, and the court imposed a financial penalty of PLN 5,000 on the perpetrator.

The legal team filed a lawsuit seeking compensation for the closest family members of the deceased, as well as compensation for the significant deterioration in the living conditions of Sylwia P.’s minor daughter and husband. Several hearings took place during the trial, with court-appointed experts involved, and both parties and witnesses were heard.

The court found the claims to be justified and awarded:

• The husband of the deceased: PLN 185,000
• The daughter of the deceased: PLN 225,000
• Each parent of the deceased: PLN 80,000
• Each sibling of the deceased: PLN 50,000
• Each grandparent of the deceased: PLN 20,000

The awarded amounts were additionally increased by statutory interest for the delay.

In the end, the family of the deceased received over PLN 825,000. We understand that no amount of money can bring back a loved one or compensate the family for the emotional pain they have endured. However, the funds secured will provide financial security for Sylwia P.’s family, especially for her five-year-old daughter.

It is important to highlight that the role of professional representatives is to assess the compensation claims following the death of a loved one while realistically evaluating the chances of obtaining specific financial compensation. The legal team at Polska Kancelaria Pomocy Poszkodowanym for the Injured always approaches each case individually, considering the current standards of court rulings and their extensive experience in similar cases, with the client’s well-being and interests as the top priority.

The process of seeking compensation for the death of a loved one can often be long and complex. In such situations, it is undoubtedly worth enlisting the help of compensation law firms that offer professional assistance, thereby reducing the risk of insurance companies paying out inadequately low amounts.

In this case, the amounts awarded during the court proceedings were almost eight times higher than those initially offered by the insurer. It is also worth noting that during the case, the insurance company proposed an out-of-court settlement with total compensation of PLN 105,000 for the husband and daughter, PLN 45,000 for each parent, and PLN 10,000 for each brother of the deceased. Although these proposed amounts were relatively higher than the undisputed payments, they still did not reflect the immense suffering endured by the family of the deceased.

Furthermore, signing a settlement according to the insurer’s wishes would have meant waiving any further claims for compensation. The facts presented above undoubtedly demonstrate the benefits and strengths of pursuing a lawsuit, especially as in recent years, Polish courts have been awarding increasingly higher amounts in compensation claims.

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