Myths about compensation for relatives of accident victims 

When an incident occurs – an occupational accident, Road accident, medical error or etc. – often, in addition to the victim himself, his relatives also suffer severe consequences. In the practice of Delikti.bg, it is these cases that give rise to the most questions and wrong expectations. The reason is that a number of myths have become established around compensation for relatives, which can lead to missed rights or incorrect decisions.

Distinguishing between myth and real legal possibility is key when seeking monetary compensation after an incident or accident.

Myth 1: "Only parents are entitled to compensation"„

One of the most common myths is that only the parents of the injured or deceased are entitled to compensation. In reality, the circle of persons who can claim compensation is wider. In the event of the death of a victim in an accident, the right to financial compensation is usually the husband or wife, children and parents. In certain cases, the court recognizes this right to other relatives – for example, brothers, sisters or partners without marriage, if a particularly strong and lasting emotional bond is proven. What is decisive is not the formal kinship, but the non-pecuniary damage actually suffered.

Myth 2: "If there is no death, there is no compensation for the loved ones"„

There is also a widespread belief that relatives can only seek compensation in the event of the death of the victim. This does not fully correspond to current judicial practice. Bulgarian courts allow compensation even when a victim of an accident is alive but has suffered extremely severe and irreversible injuries – for example, complete disability, severe brain damage or a state of complete dependence on external help. In these cases, it is assumed that the suffering of relatives goes beyond ordinary life experiences and can be compensated, even if death has not occurred.

Myth 3: „The insurer decides whether there will be compensation“

Many people believe that if the insurer refuses to pay or offers a low amount, the matter is closed. In reality, the insurer is not the body that finally decides whether compensation is due and in what amount. The insurer can make an out-of-court offer, but if it does not correspond to the actual material and non-material damages suffered, the dispute can be resolved by the court. It is the court that determines whether there is a basis for monetary compensation and what its fair amount is. In its practice, Delikti.bg has numerous cases in which the rights of our clients were protected before an insurer after a refusal to pay an insurance premium or if it was in an incomplete amount.

Myth 4: "If there is no marriage, there are no rights"„

It is often believed that unmarried partners are completely deprived of the opportunity to seek compensation. This is not true in all cases. Case law allows unmarried partners to be compensated if de facto marital cohabitation is proven - a lasting, stable and publicly manifested relationship comparable to family relations. The absence of marriage is not an automatic obstacle, but requires a higher burden of proof.

Myth 5: „Compensation is the same amount for everyone“

There are no fixed or „standard“ amounts for compensation. Each case is considered individually, taking into account the specific circumstances – the degree of injury, the nature of the relationship between the victim and his relatives, the duration and intensity of the suffering. The amount of monetary compensation depends on many factors and cannot be determined in advance without legal analysis.

Myth 6: „There’s no point in having a lawyer or a lawyer“

Some relatives believe that they can handle the claim for compensation themselves, especially if the insurer has already offered an amount. In reality, compensation cases are among the most complex from a legal and evidentiary point of view. Consulting an experienced lawyer or jurist is especially important when compensation is sought not by the directly injured person, but by his relatives. The correct qualification of the damages and knowledge of the case law are often decisive for the outcome of the case.

More on the topic in our article "Are relatives of accident victims entitled to monetary compensation?"

If you or a loved one have been affected by an accident, work accident, traffic accident, medical error or other accident and are unsure whether you are entitled to compensation, the team of lawyers and jurists at Delikti.bg can help you with professional legal advice. Contact us to receive an individual assessment of your case and protection of your rights.