Fatal Road Traffic Accident in Greece – Family Compensation and Legal Claims
Fatal road traffic accidents are among the most tragic consequences of road traffic, as, beyond the human loss, they create serious psychological and financial consequences for the victim’s family. Greek law provides for the possibility of compensation for the relatives of the deceased when the death was caused by the fault of another driver or a third party.
The relevant claims aim, as the case may be, at the financial restoration of the loss and the award of monetary satisfaction to the deceased’s family members on account of mental anguish. The beneficiaries may pursue these claims by filing an action before the civil courts, while, at the same time, criminal proceedings may also be initiated against the liable driver.
In the event of a fatal road traffic accident, Greek law provides that the deceased victim’s close relatives are entitled to seek monetary satisfaction for the mental anguish they suffered as a result of losing their loved one. This right is provided for in Article 932 of the Greek Civil Code, which recognises that the death of a person causes significant emotional pain to their family members and therefore allows for financial redress. The “family” of the deceased, within the meaning of the law, includes those persons who were connected to them by a particularly close bond of family love and affection. In practice, those most commonly recognised as beneficiaries include the spouse, children, parents, and siblings, while the inclusion of other persons is assessed on a case-by-case basis, depending on their actual bond with the deceased. The existence of a common household is not, in itself, a necessary requirement, but it may be taken into account together with the other factual circumstances.
Living with the deceased is not, in principle, a necessary condition for the award of monetary satisfaction for mental anguish, but it may be taken into consideration by the court when assessing the facts of the case and determining the amount to be awarded. The court examines, in particular, whether there was a substantial family and emotional bond between the deceased and the person asserting the claim. If, on the basis of the evidence of the case, it is found that no such bond existed, the court may reject the relevant claim.
Apart from compensation on account of mental anguish, the law also provides for other financial claims that the deceased’s relatives may have. One of these is the claim for the coverage of funeral and burial expenses. These expenses are usually borne by the deceased’s family and may be claimed from the person liable for the accident or from their insurance company. Funeral expenses include the reasonable and necessary expenses directly connected with the funeral and burial of the deceased. The exact scope of such expenses is assessed on a case-by-case basis, taking into account the specific facts of each case.
In addition, there is also an important claim for compensation for the loss of maintenance, services, or financial support that the deceased had provided to their family members during their lifetime. According to Article 928 of the Greek Civil Code, when a person is killed as a result of another person’s unlawful act, compensation may be claimed, subject to the legal requirements, by those who had a right to maintenance against the deceased, as well as by those who are deprived of services that the deceased had been providing under a legal obligation. This compensation is intended to cover the financial loss caused by the death of the person who had been maintaining or financially supporting the family. In calculating the compensation, various factors are taken into account, such as the deceased’s income, the needs of the beneficiaries, and the standard of living they had before the accident. The aim is to restore, as far as possible, the financial balance that existed before the loss of the person who had provided the maintenance or financial assistance.
What Is Considered a Fatal Road Traffic Accident?
A fatal road traffic accident is an accident resulting in the death of one or more persons due to a collision or another incident connected with the circulation of vehicles.
Fatal road traffic accidents may be caused by various factors, such as:
- violation of the Road Traffic Code
- excessive speed
- driving under the influence of alcohol or substances
- dangerous or careless driving
- failure to yield
- technical defects in vehicles
When the accident results from a driver’s negligence or unlawful conduct, liability arises for compensation towards the deceased victim’s relatives.
Which Relatives Are Entitled to Compensation?
The law provides that, in the event of a fatal road traffic accident, the deceased victim’s family members may be entitled to monetary satisfaction for mental anguish, as determined in each case on the basis of the actual family bond.
Those most frequently recognised as beneficiaries, depending on the circumstances, are:
- the spouse
- the children
- the parents
- the siblings
The relevant claim mainly concerns monetary satisfaction for mental anguish, namely the particular form of non-pecuniary harm suffered by the family members as a result of the loss of their loved one.
The amount of compensation depends on various factors, such as the relative’s relationship with the victim, the age of the deceased, and the circumstances of the accident.
Types of Compensation in a Fatal Road Traffic Accident
In cases of a fatal road traffic accident, different types of compensation may be claimed.
Mental Anguish
Mental anguish is the most common basis for the award of monetary satisfaction in such cases. It refers to the monetary award granted to the deceased’s family members for the emotional pain they suffered as a result of the loss.
The court takes into account:
- the degree of kinship
- the relationship with the victim
- the circumstances of the accident
Compensation for Loss of Maintenance or Services
If the deceased had been providing maintenance or services to persons who had a relevant legal right or lawful claim, a claim for compensation may arise on account of such deprivation.
For example:
- minor children who were maintained by the deceased
- a spouse or another person who had a lawful maintenance claim against the deceased
- other dependent family members
This compensation is calculated on the basis of the deceased’s income and financial contribution to the family.
Funeral Expenses
The relatives may also seek compensation for the funeral expenses and the related costs arising from the death.
Procedure for Claiming Compensation
The procedure for claiming compensation in the event of a fatal road traffic accident begins with the collection of the necessary evidence.
Important evidence includes:
- the traffic police report
- the accident case file
- witness statements
- the forensic report
- the victim’s financial records
On the basis of this evidence, a compensation action may be filed against the liable driver and the insurance company of the vehicle.
Liability of the Insurance Company
In most cases, the relevant claims are also brought against the insurance company covering the civil liability arising from the circulation of the vehicle that caused the accident.
The insurance company may, subject to the legal requirements and within the limits of the insurance cover, be liable for:
- monetary satisfaction for mental anguish
- compensation for pecuniary loss
- reasonable funeral expenses
However, the insurance company may dispute either liability or the amount of compensation, which often leads to court proceedings.
Criminal Liability of the Liable Driver
Apart from civil liability for compensation, the liable driver may also face criminal consequences.
In cases of a fatal road traffic accident, criminal prosecution may be brought for:
- negligent homicide
- dangerous driving
- violation of traffic rules
The criminal proceedings are independent from the civil compensation action.
The Importance of Legal Support
Cases involving fatal road traffic accidents are particularly complex and require specialised legal knowledge.
Proper legal support helps with:
- the correct assessment of compensation
- the collection of evidence
- the management of the judicial process
- the effective enforcement of the relatives’ rights
The presence of a lawyer is crucial for the successful handling of the case.
Frequently Asked Questions (FAQ)
Who may be entitled to monetary satisfaction for mental anguish in a fatal road traffic accident?
Those most frequently recognised as beneficiaries, depending on the circumstances, are the spouse, children, parents, and siblings of the deceased.
What is mental anguish?
Mental anguish is the basis for awarding monetary satisfaction to the deceased’s family members for the emotional pain they suffered as a result of the loss.
Who pays the relevant amounts?
In most cases, the claims are brought against the insurance company of the vehicle that caused the accident, although, depending on the circumstances, liability of the person at fault or of other persons is not excluded.
Can compensation be claimed for loss of income?
Yes. In cases where the victim had been financially supporting the family, compensation may be claimed for loss of maintenance.
How much time is there to file a claim?
The limitation of the relevant claims depends on the legal basis of each claim and on the specific factual circumstances of the case. For this reason, a timely legal assessment is required in order to determine accurately the available time frame for judicial enforcement.
Must criminal proceedings also be initiated?
Criminal proceedings are independent from the compensation action, but they are often initiated in parallel where driver fault exists.
The judicial pursuit of the relevant claims constitutes an important legal means for the financial restoration of the loss and the award of monetary satisfaction to the deceased’s family members, while at the same time contributing to the attribution of responsibility for the tragic loss.
This article is provided for informational purposes only and does not constitute legal advice. Each case requires an individual assessment based on the specific facts and the applicable legal framework. For specialised advice, please contact our law firm.
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