Non-Pecuniary Damages for the Death or Particularly Severe Disability of a Close Person

19/12/2025

Uvod

The death of a close person or a situation in which a close person suffers a particularly severe bodily disability represents one of the most difficult life circumstances, often causing long-term emotional and psychological consequences for family members. Croatian law recognizes, in such cases, the right to fair monetary compensation for non-pecuniary damage due to mental suffering. However, this right is neither automatic nor equal for everyone—statutory provisions and case law establish specific requirements and criteria.

This article explains who is entitled to compensation, what is considered a particularly severe bodily disability in practice, and how courts determine the amount of fair monetary compensation.

What Is Non-Pecuniary Damage?

Non-pecuniary damage refers to the violation of personality rights, which, in cases of death or particularly severe disability of a close person, most commonly manifests as mental suffering experienced by family members. As such damage cannot be remedied or reversed, the law provides for monetary satisfaction—a fair monetary compensation— intended to alleviate the consequences of the violation and acknowledge the suffering endured.

Who Is Entitled to Compensation for the Death or Particularly Severe Disability of a Close Person?

According to Article 1101 of the Swiss Code of Obligations, the right to appropriate financial compensation primarily belongs to the closest family members, namely:

Spouse,
Children,
Parents.

In addition, the following persons may also be entitled to compensation:

Siblings,
Grandparents,
Grandchildren,
Civil partners,

provided that a permanent cohabitation existed between them and the deceased or injured party.

Spouses – actual, not merely formal, cohabitation

Although the existence of a cohabitation between spouses is generally required, case law emphasizes that the marriage must also exist in a real, living sense.

If it turns out that no cohabitation or emotional bond existed at the time of the damaging event,

the court may reject the claim for compensation.

Parents and children

In the relationship between parents and children, the right to compensation exists regardless of their shared residence; however, separation may affect the amount of compensation. The following persons are also entitled to compensation:

Parents in the event of the loss of a conceived but unborn child, a child due to the death or severe disability of a parent, even if the child was born after the damaging event.

A broader interpretation of the term “close relative”

The courts accept a broad interpretation of the circle of eligible persons, so that in some cases the following persons have also been granted a claim for compensation:

a stepchild,
a stepmother or stepfather,

if it has been proven that a relationship existed that is equivalent in quality and intensity to a parent-child relationship.

What is considered a "particularly severe physical disability"?

The law does not contain a precise definition of particularly severe physical disability; therefore, its meaning is shaped by case law.

It is important to emphasize that the degree of disability alone is not sufficient.

In their assessment, courts consider:

the degree of disability,
the type of disability (external, permanent, and impairments),
the degree of the affected person’s dependence on assistance,
and
the impact of the disability on the daily life of the affected person and their family.

In practice, the following disabilities, for example, are considered particularly severe:

complete or near-complete immobility and inability to care for oneself,
failure of several important bodily functions requiring constant assistance,
impossibility of or extreme difficulty in communicating (e.g., coma),
severe and permanent psychological changes, behavioral disorders, or a decline in mental abilities.

Note: The court always assesses the overall condition, not just the medical findings.

How is the amount of appropriate compensation determined?

Visina naknade ne određuje se automatski. Sud pri odlučivanju uzima and obzir niz okolnosti, osobito:

The intensity and duration of mental suffering,
The age of the deceased or injured person,
The age and relationship of indirectly injured persons,
The intensity of emotional connection,
The circumstances of the harmful event.

To practice this, you should use the Oriental Criteria of the Republic of Hrvatske,
koji služe kao smjernice, ali nisu mathematical formula. Svaki se slučaj procjenjuje individualno.

Is there any medicine that can be used for the boluses?

Court practice has taken the position that it is not necessary to conduct a forensic medical expert examination in order to determine mental suffering.
The court may determine its intensity based on the statements of the parties and other evidence, using its free judicial assessment.

What is important to prove in the proceedings?

In proceedings for compensation of non-pecuniary damage, it is particularly important to:

prove the existence of a long-term shared life (in the case of siblings, grandparents, and unmarried partners),
prove that the disability is exceptionally severe, and not merely an “ordinary” severe disability,
prove the intensity of the relationship and emotional connection, especially where there is a dispute about the existence of a genuine family relationship.

Conclusion

Compensation for non-pecuniary damage due to the death or exceptionally severe bodily disability of a close person in Croatian law represents a legally recognized right to fair monetary satisfaction for the most severe forms of mental suffering. Although the Obligations Act defines the basic circle of entitled persons, court practice shows that in each individual case the decisive factors are the actual life relationships, the intensity of emotional connection, and the specific circumstances of the harmful event—especially in cases involving exceptionally severe disability and the existence of a long-term shared life.

Due to the complexity of legal issues, differences in court practice, and the need for proper evidence, timely professional legal assistance is often crucial for the successful realization of the right to compensation for damage.
If you have lost a close person or a member of your family has suffered an exceptionally severe bodily disability, contact our law office for legal assistance, an assessment of your case, and the protection of your rights.

Informational content: this article is general in nature and does not constitute legal advice for a specific case.

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