The death of a loved one is a profoundly tragic and challenging event in life. Beyond the emotional toll, the family and close friends of the deceased often face financial difficulties, especially when the deceased was the sole or primary breadwinner. This loss can significantly worsen the financial situation of the surviving family members. It is important to remember that the family and close friends of the deceased may be entitled to compensation for the death, reparation, and other benefits following the loss of a loved one. Below, we have gathered information on who is eligible for compensation for the death, the factors that determine the amount of compensation, and how to effectively pursue compensation after losing a loved one.

 What is Compensation for the Death of a Loved One?

Compensation for death is a one-time financial payment made to the family and close friends of the deceased. This payment is provided by the insurance company in which the entity responsible for the death was insured. It is worth noting that compensation for death is paid in cases where the death resulted from incidents such as:

• a workplace accident,
• a traffic accident,
• an accident on a farm,
• medical malpractice.

The purpose of compensation is to help the family and close friends of the deceased regain financial stability and offset the material losses they have suffered due to the death of their loved one. It is important to note that death does not need to occur immediately after the incident but can also follow unsuccessful medical treatment after the accident.

What is Reparation for the Death of a Loved One?

Although reparation is often used interchangeably with compensation, in legal terms, it refers to a payment intended to compensate for the emotional losses suffered due to the death of a loved one. These emotional losses might include broken family bonds, feelings of grief, emotional pain, and psychological and physical suffering. Like compensation, reparation for the death of a loved one is a one-time financial payment, and it is obtained in a similar way. The key difference lies in the way emotional losses are argued and demonstrated.

Who Can Apply for Compensation and Reparation for the Death of a Loved One?

According to the Civil Code, compensation for death is granted to the closest family members of the deceased, though it does not explicitly define who these closest family members are. However, in practice, the following individuals are typically eligible to apply for compensation:

• spouse,
• children (biological, adopted, or those taken in as part of the family),
• parents,
• siblings.

Additionally, individuals who were not legally related to the deceased but shared a strong emotional bond may also apply for compensation. This means that, for example, a partner in a common-law relationship may also be eligible.

One can seek compensation and reparation for the death of a family member, such as the death of a mother, child, spouse, or parent, as well as for the death of someone with whom there were no formal ties. It is crucial to gather and present indisputable evidence of the existence of such bonds. This evidence could include joint photos, loan agreements, documents proving shared possessions, and more. A professional compensation firm can advise on what to include in the justification for a claim for reparation. The same individuals mentioned above can apply for reparation.

**Important:** Compensation is only available to the closest family members if the deceased was not at fault for the accident that led to their death. For instance, if the deceased caused a traffic accident in which they died, the insurance company will not pay out compensation. The exception to this rule is in cases where the deceased had voluntarily taken out an insurance policy. If the deceased contributed to the accident, the compensation amount may be reduced.

The situation is different in accidents involving pedestrians. If a pedestrian is fatally struck, the vehicle owner is liable under the „risk” principle, and compensation, reparation, and a pension for the closest relatives are possible, even if the pedestrian was at fault.

In any case, if the insurer refuses to pay compensation and reparation for death, they must justify their refusal, and the applicant has the right to appeal the decision. At this point, it is advisable to seek assistance from the Polish Legal Aid Office for the Injured.

How to Obtain Compensation After the Death of a Loved One?

To obtain compensation or reparation, you need to contact the insurer with whom the entity responsible for the death was insured. If the death resulted from a traffic accident, this will be the third-party liability insurer of the vehicle responsible for the accident. If the death occurred on a farm, the compensation is paid by KRUS. In the case of a workplace accident, compensation is paid by ZUS and the insurer with whom the employer had a policy, or, if no such policy existed, the employer themselves.

It is important to remember that the process can be long and arduous, and the battle with the insurer may be unequal. To obtain compensation quickly and effectively, it is best to turn to a professional compensation firm like Polska Kancelaria Pomocy Poszkodowanym, which operates throughout Poland.

To ensure you want to use our services, we encourage you to contact us—we will analyze your case free of charge.

Here’s how we operate:

• We analyze your case for free and without obligation.
• We estimate the amount of compensation.
• We help identify the entities responsible for the damage.
• We assist in gathering the necessary documentation.
• We review criminal records in cases against the perpetrator of the accident.
• We submit a claim for compensation and reparation to the responsible entity.
• We negotiate the amount if it is undervalued.
• At the client’s request, we take the case to court.
• We handle civil and criminal cases at every stage of the process.
• Our fee is a percentage of the compensation won—until then, you incur no costs related to obtaining compensation.
• At every stage, we guarantee support and transparency in our actions—the cooperation is clear and straightforward.

What Documents Are Necessary?

The documents required to initiate the process of obtaining compensation include:

• Death certificate,
• Documentation from the accident scene, such as a police report, health and safety report, etc.,
• Documents proving the relationship between the deceased and the applicant,
• Employment and income certificates of the deceased,
• Court rulings and documents identifying who was responsible for the accident.

Our lawyers will provide a precise list of documents when you decide to work with us.

What is the Amount of Compensation and Reparation for the Death of a Loved One?

The amounts paid out by insurance companies vary and can range from a few thousand to several hundred thousand PLN. What determines the amount of compensation? Factors considered in estimating compensation include:

• the age of the deceased,
• the age of the surviving loved ones, such as the spouse, orphaned children, or parents,
• the income of the deceased,
• the contribution of the deceased to the family budget,
• the closeness of the relationship with the deceased,
• the degree of kinship,
• the health condition of those applying for compensation,
• the living conditions of the applicants,
• the extent of the suffering caused by the loss of a loved one.

These factors are not the only ones considered when assessing the amount of compensation. There are many other factors that could be important—identifying, describing, and proving them is crucial. The assistance of compensation specialists is invaluable in this process.

How Long Does It Take to Pursue Insurance Claims?

The time required to obtain compensation depends on the number of steps needed in the process. Generally, the insurer has 30 days to respond to the claim for compensation. If the client accepts the amount proposed by the insurance company, the case can be closed within a month. However, it is important to note that many cases require negotiating a higher amount with the insurer or taking the case to court, which prolongs the process but almost always guarantees a much higher payout than the amount initially proposed by the insurance company.

Other Benefits After Death—What Are They?

In addition to compensation and reparation for the death of a loved one, you can also apply for benefits such as:

• reimbursement of medical expenses,
• reimbursement of funeral expenses.

Our experts remain at your disposal.

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