In the resolution of the composition of 7 judges of March 27, 2018 (reference number III CZP 69/17), the Supreme Court settled the problem of asserting the payment of compensation by the closest persons of the victim who suffered severe and permanent damage to health.
During the proceedings before the Supreme Court, the participants argued that the principles of protection of parenthood and family property anchored in the Constitution, as well as equity considerations must prevail over the literal wording of the provisions of the Civil Code, according to which compensation is due in the case of the death of a close person. The legal basis for claims is also a violation of personal good in the form of proper formation of family relationships. The Supreme Court accepted this argument and found that close relatives could claim redress for themselves.
The above position was also confirmed in two separate resolutions adopted by the Supreme Court on the same day. It opens the way to claim compensation by families of victims of accidents, medical errors and other unlawful acts.