{"id":699,"date":"2024-07-03T20:22:24","date_gmt":"2024-07-03T20:22:24","guid":{"rendered":"https:\/\/hwlegal.cz\/?p=699"},"modified":"2024-07-03T20:22:25","modified_gmt":"2024-07-03T20:22:25","slug":"odskodneni-pozustalych-po-usmrcenych-osobach","status":"publish","type":"post","link":"https:\/\/hwlegal.cz\/en\/odskodneni-pozustalych-po-usmrcenych-osobach\/","title":{"rendered":"Compensation for Bereaved Families in the Czech Republic"},"content":{"rendered":"

What are the compensation claims of the bereaved relatives of deceased victims? What compensation can they demand from the wrongdoer?<\/p>\n\n\n\n

Change in Compensation for Secondary Victims<\/h2>\n\n\n\n

The Czech Constitutional Court recently made a significant decision that fundamentally changed the approach to compensating secondary victims. Secondary victims are the surviving relatives of deceased persons. This case involves a sad but unfortunately typical situation where, in a car accident caused by another driver, a grandmother lost her grandchildren and daughter-in-law. Although the grandmother was not directly involved in the accident, the death of her loved ones deeply affected her. She began suffering from severe depression and consequently ended up disabled with psychiatrical diagnose.<\/p>\n\n\n\n

Claims of the Bereaved<\/h3>\n\n\n\n

The grandmother sued the wrongdoer's insurer for compensation for her own injury. In this context, she incurred the following claims:<\/p>\n\n\n\n

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  1. Compensation for emotional damage<\/strong> \u2013 monetary compensation for not being able to establish, develop and maintain a relationship with deceased loved ones.<\/li>\n\n\n\n
  2. Compensations related to health damage<\/strong> \u2013 compensation for loss of earnings during the period of incapacity for work, compensation for loss of earnings in case of disability and compensation for the costs associated with treatment.<\/li>\n<\/ol>\n\n\n\n

    Significant Case Law<\/h3>\n\n\n\n

    A significant development in the recent case law was as follows. The Czech Constitutional Court recognized that the relatives of the deceased have the right to compensation for personal injury resulting from the grief (or shock) of the death of their loved ones, as well as other claims related thereto. This decision changes the existing case law and expands the possibilities of compensation for injured persons.<\/p>\n\n\n\n

    Other Claims of the Bereaved<\/h2>\n\n\n\n

    Person in a similar situation may have other material and immaterial claims related to personal injury, such as:<\/p>\n\n\n\n