On July 22, 2020, in the case no. III CZP 31/19, the Supreme Court in the presence of 7 judges, at the request of the Polish Financial Ombudsman, adopted a resolution, important from the point of view of judicial practice, concerning claims for damages resulting from causing a health disorder or injury.
The motion of the Financial Ombudsman of 29 April 2019 was submitted in connection with the observed divergent jurisprudence of common courts in cases against insurers, including the demand for payment to the injured party of an amount corresponding to the value of work of persons closest to the injured party, who did not give up their paid activities for the care and nursing of the injured party.
Pursuant to the resolution, the injured party who has suffered bodily injury or health disorder may claim, on the basis of Article 444 § 1 of the Civil Code, compensation for the costs of care provided to him free of charge by his relatives.
The resolution will undoubtedly shape the direction of the future practice of judicature, which will increase the amounts awarded to injured persons.