XII C 789/15
AI generated
Court partially allowed damages claim for bereavement, reducing excessive amount to 50,000 PLN.
Poland (PL)
Legislator summary
AI generatedThe court partially dismissed the plaintiff's claim for 100,000 PLN in damages for the death of her son, awarding only 50,000 PLN instead. The defendant argued the claim was time-barred and contested the accident details, while the plaintiff sought full compensation and exemption from court costs. The court found the requested sum excessive but acknowledged the emotional bond and grief, applying the principle of individual assessment of damages to set a fair amount.
Legislator headnote
AI generatedArt. 455, 481 § 1-2 kc; Art. 98, 100 kpc; Compensation for bereavement must be assessed individually considering subjective circumstances, and excessive claims are reduced to a fair amount based on the specific case facts.
Keywords
AI generated
bereavement damages
excessive claim reduction
individual assessment of damages
statutory interest on debt
civil court costs
time bar defense
emotional distress compensation
Cited Legislation
AI generatedArt. 455 kc
Art. 481 § 1 and 2 kc
Art. 98 kpc
Art. 100 kpc
Art. 113 ust. 1 of the Act on Court Costs in Civil Matters
Cited Case Law
AI generatedRelated Decisions
AI generatedI C 662/15
Court awards damages for wrongful death and funeral costs, adjusting interest rates based on civil code amendments.
I C 62/13
Civil court awards 60,000 PLN damages for death of child due to traffic accident where victim's fault unproven.
I C 945/13
Court allows partial compensation for wrongful death but dismisses delayed interest claims against insurance company.
I C 164/15
Civil court partially allowed damages claim against French company for personal injury under Polish Civil Code.