Rules:
f)
pension for damages for the death of a close relative
If the accident
victim has died, the person to whom the deceased was under a legal
duty to maintain can claim a pension from the offender case under
Art. 442 § 2 of the Civil Code The right to payment of pension shall
so children spouse and relatives in a straight line. Entitled to
claim disability are also children conceived late in life, but born
after his death.
Other relatives -
distant relatives, siblings, children, in-laws, alumni, etc., are
entitled to a pension of the deceased, if the deceased provided them
voluntarily and continuously measures to maintain, and require that
the rules of social coexistence. The concept of provision of
maintenance should be interpreted broadly. Means of subsistence by
the deceased may also apply to education and treatment. In the light
of this provision, it is irrelevant whether the person was close to
the sole survivors. This is the optional right to a pension.
In any case, the
pension will belong to the children financially self-reliant, an
unemployed spouse or spouse osiągającemu also much lower incomes,
and the death of a spouse will lower the standard of living. Above
all, it must be the spouse's pension if the death of a person is in
poverty, which by itself can not meet their justified needs. Children
can also receive a pension after the death of a parent who has not
worked professionally, but participated in maintaining a household,
raising children and meeting their basic needs.
Annuity payment
period depends on the sustainability of the maintenance obligation,
the obligation on the deceased victims, taken as a potential period
of emancipation of the children of the deceased (approx. 24 years
old). Amount of the pension depends on the individual circumstances
and the material of the person claiming compensation pension.
The survivor
should be tailored to the needs of the eligible and within the limits
of commercial and property of the deceased, which takes into account
the wages and other income that the deceased could get, rather than
actually achieved.
