Are relatives of accident victims entitled to monetary compensation? 

In the practice of Delikti.bg A significant portion of cases are precisely those in which relatives of injured persons seek monetary compensation for damages suffered. These are cases in which the consequences of an incident do not only directly affect the injured person, but also lead to serious emotional, life-threatening and often financial consequences for their family. 

Bulgarian law allows for the possibility of compensation for relatives, but under strictly defined conditions. Not every incident gives rise to such a right, and therefore it is important to make an accurate legal assessment in each specific case. 

When are relatives entitled to compensation? 

In principle, compensation for non-pecuniary damage – pain, suffering, stress – is awarded to the directly injured person. However, case law has long accepted that in certain severe consequences of the incident, the circle of beneficiaries can be expanded to include the victim's closest relatives. 

The most clearly established and most common hypothesis is the case of the victim's death. When death occurs as a result of wrongful conduct – for example, in a traffic accident, work accident or medical error – the deceased’s relatives have the right to seek monetary compensation for non-pecuniary damages. The law does not compensate for the fact of death itself, but for the pain and suffering that the relatives experience as a result of the loss – the emotional breakdown, the lasting psychological trauma and the change in their lifestyle. 

The right to compensation is generally reserved for the spouse, children and parents of the deceased. In certain cases, the court recognises this right for other persons, where a particularly strong and lasting emotional bond is proven. The amount of compensation is determined individually, taking into account the specific circumstances, the age of the deceased and his/her relatives, as well as the intensity of the suffering experienced. 

In addition to death, Bulgarian judicial practice allows for the right to compensation for relatives when the victim has received extremely severe injury, which leads to a permanent and irreversible change in his life. Such are the cases of complete disability, severe brain damage or a condition in which a person becomes completely dependent on other people's help. In these situations, it is assumed that the suffering of loved ones goes beyond the usual difficulties of life and is comparable in severity to the experiences of losing a loved one. 

Such cases often arise in the event of serious work accidents, serious medical errors or serious road accidents with long-term consequences for both the victim and their family.

What does the law provide? 

The right to financial compensation is based on the provisions of Obligations and Contracts Act, which regulate liability for tort. Depending on the specific case, norms from The Labor Code, The Insurance Code и Health Law. 

The law makes a clear distinction between material and non-material damages. Material damages include actual financial losses incurred – costs of treatment, rehabilitation, care, lost income. Non-material damages cover the pain, suffering and psychological consequences of the incident. These are the basis of the claims that relatives most often file. 

Of significant importance is also the case law, which specifies under what conditions relatives can be compensated and how the fair amount of compensation is determined. 

When can compensation not be claimed? 

Not in all cases are relatives entitled to compensation. Such compensation is not due when the injury is mild or moderate and does not lead to lasting consequences for the victim, when there is no unlawful conduct or a causal link between the incident and the claimed damages cannot be proven. Suffering that is within the scope of normal life experiences and does not exceed the threshold recognized by law is also not compensated. 

Why is consulting a lawyer or legal professional important? 

Cases where relatives seek monetary compensation are among the most complex from a legal and evidentiary point of view. They require in-depth analysis, good knowledge of case law, and proper formulation of claims. Timely consultation with an experienced attorney or legal professional is often crucial for protecting the rights of victims and their relatives. 

If you or a loved one has been affected by a work accident, medical error, traffic accident or other incident with serious consequences, the team at Delikti.bg can help you assess whether you are entitled to monetary compensation for property and non-property damages. Contact us for professional legal advice and protection of your rights.