Financial Compensation for Mental Pain Caused by a Death of a Close Person

Financial Compensation for Mental Pain Caused by a Death of a Close Person

Hrvić, Gordana

Abstract: In normal life circumstances, due to a harmful event which results in a death of a person, it is an undisputed fact that the closest relatives of a deceised person experience mental distress.The closest relatives are indirectly damaged, and the right for compensation for mental distress that they have suffered from due to the death of a close person is the right on behalf of the indirect loss they have experienced. As the mental distress belongs to the scope of an immaterial damage, an intangible loss and there is no possibility to go back to the previous state of things, the only way to compensate for this type of loss is monetary compensation. The amount of money that is adjudicated in these cases represent satisfaction for the loss that has been experienced and are a mean which serves the purpose of relieving the pain for the loss of a close person. It is widely known that the pain a parent experiences, especially the one a mother experiences when she loses a child, and the trauma children experence when they lose a parent are of high intensity. Children will suffer form the experience longer than older persons due to their youth. The pain parents experience is more permanent than the pain a spouse experiences, especially if it is a young spouse from a short marriage since there is a possibility to establish a new marriage or cohabitation. All these circumstances are of the vital importance when determining the amount of money

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2015

2858