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Rules:
d) pension for the loss of revenue
The principle of strict liability for damage caused by Art. 361 § 1 and 2 of the Polish Civil Code includes responsibility for all the normal consequences of the damage, which offset losses and lost profits, which the injured party would reach if not for the injury done to him. The benefits are primarily the loss of revenue earned by the victim.
If the victim has lost fully or partially earning capacity or decreased chances of success for the future, it may require the debtor to repair the damage, adequate pension. Granted a pension may be temporary, or be set for an indefinite period (in this lifetime to the victim).
Survivors should correspond to that part of the earnings, the loss is caused by traffic injuries, the remaining portion of the income the individual should achieve on their own. When the victim partially unable to work does not make work because of difficulties in the labor market, then he is entitled to the right to compensate for the full loss of income. Full value of earned income is paid also by the finding of full disability victim.
Determination of the pension shall be by comparing the average income earned by the victim before the accident and income derived after the accident. No matter the nature of work as a result of which the victim reached revenues, and the amount must be documented. In particular, take into account here:
salary
the functional
allowance for pension
bonuses
fixed prize
remuneration for overtime work
wages in kind
scholarships
If the victim drew income from several sources, these revenues are aggregated. In a situation where the victim was not working before the accident, the determination of pension for incapacity takes into account the situation on the labor market, professional victim, age and gender. Note, however, that pension is purely to compensate the loss incurred and can not in any way constitute a source of unjustified increases in revenue.
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e) compensation for the death of a family member
In accordance with Art. 446 § 3 of the Civil Code, if as a result of injury or harm to health of the death of the victim, the immediate family members of the deceased is entitled to claim for appropriate compensation if his death was due to a significant deterioration in their living conditions.
People closest are the parents, siblings, children, step-mother, step-father and half-siblings.
In assessing the deterioration of the living next take into account all factors affecting the living conditions of the person entitled - health, age, degree of resourcefulness in life, the conditions of education, living conditions, property relations, prospects for the future life. Also take into account the professional and social position of the deceased, including income derived, occupation, position, domestic relations, exercised care for the loved ones.
Appropriate compensation should take into account the particular circumstances of the case and the economic value of the compensation that needs to be perceived as real, relevant increment both the authorized and from an objective point of view, taking into account the assessment of the most reasonably minded people.
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