Court partially allows compensation for death of brother but dismisses claim regarding sister's apathy.
Poland (PL)
Legislator summary
AI generatedThe court partially granted the plaintiff's claim for damages following her brother's death in a traffic accident, awarding 6,000 PLN while dismissing the portion related to her alleged apathy. The plaintiff argued that the death caused significant grief and justified a 60% contribution by the deceased, whereas the defendant contended that family support and a separate health episode in 2013 were the primary causes of her distress. The court ruled that while the loss of life is a serious harm deserving protection, the specific link between the brother's death and the plaintiff's apathy in 2013 was not proven due to the time gap and other medical factors.
Legislator headnote
AI generatedArt. 446 § 4 k.c.; The court must assess the scale of suffering based on individual circumstances but cannot prove the exact magnitude of feelings; however, the violation of the good of life in the family constitutes a greater psychic distress than other goods.