Survivors’ Compensation: When the Pain of Loss Accompanies the Fight for Justice

Survivors’ compensation is about acknowledging the loss, not valuing it

If you’ve lost a loved one through someone else’s fault, it’s not just a tragic accident. It’s a situation where someone has breached their duty and someone else is bearing the consequences: you. The Czech legal system therefore provides for compensation for survivors to at least partially mitigate the consequences of a loss that has affected every aspect of your life.

It is perfectly understandable that you may be reluctant to ask for money at all. Many survivors feel guilt, shame or fear of judgment by those around them. It’s just that compensation is not some sort of earnings from misfortune. It is an official acknowledgement that you have suffered a serious injury that cannot be remedied except by financial compensation. It is the state letting you know that your pain is real and relevant.

What can the state take into account when compensating survivors?

Survivors’ compensation includes several components. The most significant is non-economic damages for mental anguish, i.e., compensation for psychological pain, sadness, emptiness, and disruption of family life. You are also entitled to compensation for funeral costs, costs associated with caring for the deceased before death, and also for loss of maintenance if the deceased was providing for the running of the household or supporting you financially.

The amount of compensation is not fixed by tables. The courts and insurance companies take into account the specific relationship with the deceased, the intensity of cohabitation, your age, your dependence on the deceased and the circumstances of the event itself. That is why every case is different – and why it is important that your situation is not judged superficially or mechanistically.

Why insurance companies often fail – and why you don’t have to be alone

You may have already had your first contact with the insurance company or the person responsible. You may have received an offer that caught you off guard with its low amount. Or a cold tone. For the bereaved, it’s often another painful experience – feeling that their loss has been “judged” without empathy or real understanding.

Insurance companies are not charitable institutions. They have a clear economic interest in minimizing payouts. Often because:

• they offer amounts at the lower end of the possible compensation range,
• arguing that “the law does not allow more” (which may not be true),
• question the intensity of the relationship with the deceased,
• or relying on the survivor’s lack of strength to defend themselves.

Without legal advice, it is very easy to accept an offer that falls far short of what you are entitled to. And once you sign the agreement, there is usually no going back.

This is where a solicitor specialising in compensation and survivors’ compensation has a vital role to play. Not to escalate the dispute unnecessarily, but to be your voice when you don’t want to or can’t speak up yourself. An attorney knows what arguments to use, what case law to rely on, and how to make it clear to the insurance company that your case is not a “run-of-the-mill item.”

At The Accessible Lawyer, we negotiate with the knowledge that behind every file is a human story. We take over the communication for you, protecting you from insensitive actions and systematically working toward the goal: fair compensation that respects the extent of your loss.

How the amount of compensation for survivors is determined and what really affects it

One of the first questions that may come to mind is, “What compensation am I actually entitled to?” It’s natural. Not because you want to convert your loss into money, but because you need certainty, stability and a sense that the system is treating you fairly. But the answer is not simple. Survivors’ compensation is not determined by a single table or fixed price list. Every person’s story is different and the law thankfully respects that.

The relationship with the deceased is a crucial factor. The injury of a spouse, parent or child is judged differently, and the injury of a sibling or partner with whom you shared a household is judged differently. It is not just about formal kinship, but about real closeness, daily cohabitation, mutual care and emotional attachment. The law also recognizes deep relationships that are not “on paper” as long as they were real and intense.

Another important consideration is the degree of dependence on the deceased, not only financial but also practical and emotional. If the deceased provided for the running of the household, cared for the children, was your main support or helped you through illness, this has a direct bearing on the amount of compensation. The loss of such a person is not just about grief, but also a major disruption to your day-to-day functioning.

The circumstances of the event itself also play a significant role. A sudden, violent or tragic death tends to have a more profound psychological impact than a long-term illness for which the family may have been at least partially prepared. It is the intensity of the shock, trauma and subsequent mental anguish that is crucial for the assessment of non-pecuniary damage.

Finally, the manner in which the claim is pursued is very important. Insurance companies often offer sums that correspond to their internal tables, not to the actual case law of the courts. The difference between what you get without legal advice and what you are entitled to with professional representation can be substantial.

A solicitor specialising in compensation can put your story into a legal framework so that it is not reduced to a number. He or she can help quantify compensation fairly and with respect to everything you have lost. Because your loss was not “standard”. And neither should the compensation be.

When to deal with compensation and why time is more important than it seems

In the first weeks and months after losing a loved one, it’s natural to want to put everything on hold. “I don’t have the energy right now.” “I’ll figure it out later.” We hear these phrases very often from the bereaved. But the law has deadlines, and unfortunately, they don’t ask how you feel.

Claims for damages and survivor’s benefits are time-barred. If you don’t deal with them in time, you could lose your right altogether or your bargaining position could be significantly weakened. The sooner the situation is addressed, the better your chances of receiving full and fair compensation.

Starting a resolution does not mean immediate litigation or trial. Very often it is first about:

• a legal assessment of your claim,
• an indicative estimate of the possible amount of compensation,
• setting a strategy for the way forward.

All this can be done sensitively, gradually and with respect for your pace. The first step is often just a tacit reassurance that you are entitled to it and that there is someone who will bear it with you.

The compensation service from Affordable Solicitors is built to not burden you more than necessary. We speak plainly, we deal openly and we always explain upfront what you are going to be facing. We don’t take control away from you – instead, we help you regain it in a situation where it has been forcibly taken from you.

If you feel it’s time to speak up, we’re here for you. And if you haven’t yet, feel free to just be clear about your options.

Summary

Survivor’s compensation is a legal tool designed to recognize and at least partially mitigate the effects of the loss of a loved one caused by someone else’s fault – it is not a “valuing of life” but a fair response to the serious harm that has affected the survivor’s psyche, family relationships, and daily functioning. The claim may include non-pecuniary damages for mental anguish, funeral and care costs before death, and loss of maintenance, the amount of which is always assessed on an individual basis according to the actual closeness to the deceased, the degree of dependence, the circumstances of the death and the impact on the survivors’ lives. Insurance companies often offer low sums corresponding to their internal tables, not to court practice, and without professional help, survivors risk accepting an inadequate offer that cannot be changed. A specialist compensation solicitor who can translate your story into a clear and sensitive legal argument, protecting you from insensitive treatment and working towards a fair outcome, therefore has an important role to play. It’s also important to start dealing with the claim early, as the law knows the statute of limitations – the first step doesn’t have to mean litigation, but calmly assessing the situation and setting a course of action.