Are funeral expenses subject to compensation?

If a person dies as a result of an unlawful act or crime, the heirs are entitled to compensation for the non-pecuniary damage (suffering and pain) they have suffered as a result. Compensation is also available for pecuniary damage that is a direct consequence of the act. In other words, if something is a consequence of an unlawful violation of physical or mental integrity committed by another person, the latter owes compensation.

In other articles we have told you that compensation is due for damage caused by another person at fault (and in some cases – also for damage caused by someone else). The damage that has occurred can be of two types – property and non-property.

Are all property damages subject to compensation?

Property damages are those damages that can be financially assessed – these are direct costs, monetary losses, or unrealized secure income.

Expenses incurred by the heirs of a deceased person as a result of an accident, such as those for a funeral or for the removal of mortal remains from abroad, may be defined as pecuniary damages. Although at first glance they may represent a direct consequence of the tort, case law is not consistent on the question of whether the at-fault party (or their insurer) should compensate for these damages.

„"„Burial damages are subject to compensation"“

First opinion on some of the case law

The first position, which is advocated in some court decisions, is that the expenses of the relatives of a person who died as a result of tortious injury and which are related to his funeral constitute damage.

It is assumed that this expense is directly causally related to the damage and the guilty party must be held responsible for it. In most decisions of the courts in Sofia, Plovdiv, Varna, Vratsa, Stara Zagora, Haskovo Others also advocate this position, and these courts award compensation for funeral expenses. 

In theWhat amount of expenses are recognized?

The court accepts that the funeral expenses that the guilty party and/or his insurer owe to the relatives of the deceased person should be within the reasonable expenses incurred for the funeral of a deceased person. It is accepted that these expenses are a natural consequence of the tort – that is, they are directly related to it. 

However, the court rejects claims for expenses incurred by the deceased's relatives in the performance of certain religious rituals or family traditions. The question of whether compensation is due for the costs of a monument to the deceased has also been controversially decided by the courts.

Are the costs of bringing an heir back from abroad subject to compensation? for a funeral?

This issue has also been resolved controversially by the courts, as this expense can be large and, accordingly, case law must answer whether it is subject to compensation from the guilty party or his insurer.

Some courts have accepted that the costs of repatriation from abroad have no causal connection with the tort itself, since the location of the deceased's relative at the time of learning of the news of his death and whether he will return for the funeral are personal moral decisions, the financial impact of which should not be borne by the guilty party. Again, it is necessary to look for what expense is reasonable, but very often everything possible is done to attend the funeral and in view of this, it is fair for these costs to be compensated in our opinion.

„"„Burial damages are not subject to compensation.„"„

Thesis, advocacy from another part of the case law

There is also a practice of some courts which accept that the expenses for the funeral of a deceased person as a result of a tortious act actually constitute the performance of an increasing debt. These panels of the court accept that in fact these expenses do not constitute material damage suffered and, accordingly, are not subject to compensation.

The reason for this conclusion is that the relatives of the deceased are not obliged to perform a funeral ritual for the deceased and this is actually their personal decision, which is why the costs for it should not be compensated by the guilty person. 

Our opinion is that funeral expenses are a direct consequence of the tortious injury that caused the death, therefore the heirs of the deceased are entitled to compensation for these pecuniary damages as well.