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Under Polish law, certain family members may seek compensation when a person dies because of someone else’s act or omission. Claims may follow a road collision, workplace incident, medical error, or another event in or around Białystok.
The Civil Code allows claims for funeral expenses, financial support, and harm caused by the loss of a close family member. The available claims and amounts depend on each person’s relationship with the deceased, financial circumstances, and evidence.
Cases may involve a liable individual, an employer, a medical provider, or an insurer. For road deaths on routes such as the S8 or S19, the at-fault vehicle’s compulsory liability insurer may be an important source of compensation.
A fatal collision on a Białystok street or nearby route involves disputed fault, multiple vehicles, or a liability insurer offering a settlement before the police investigation is complete.
A death at a workplace or construction site raises questions about safety duties, an employer’s responsibility, or whether another company also contributed to the incident.
A death following treatment at a Białystok medical facility involves disputed medical records, expert evidence, or uncertainty about whether a provider’s conduct caused the death.
Several relatives want to claim, but the insurer disputes who qualifies as close family or how the death affected each person’s life.
The family needs to calculate funeral costs, lost financial support, or compensation for emotional harm and wants to assess an insurer’s offer.
A criminal investigation is underway, and the family needs to protect evidence and understand whether to pursue a separate civil claim.
The Civil Code (Kodeks cywilny), in force since 1 January 1965, is the principal source of family claims. Article 446 addresses funeral costs, financial support, compensation for a significant deterioration in a family member’s financial situation, and compensation for non-pecuniary harm suffered by close family members.
The Civil Code also sets limitation periods in Article 442¹. The applicable deadline depends on the facts, including when the claimant learned of the damage and the responsible person, and whether the conduct constituted a crime.
The Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau, in force since 1 January 2004, governs compulsory motor liability insurance. Article 14 generally requires an insurer to pay within 30 days of receiving notice of a claim; where the circumstances cannot be clarified in that period, payment is generally due within 14 days after clarification, subject to a usual 90-day limit and statutory exceptions.
Close family members may seek compensation for non-pecuniary harm under Article 446 of the Civil Code. A person’s relationship with the deceased and the actual closeness of their family relationship may matter; eligibility is not determined by a simple fixed list.
Depending on the circumstances, claims may cover reasonable funeral costs, financial support the deceased provided, and harm suffered by close family members. A significant deterioration in a claimant’s financial situation may also support a separate claim.
No. A civil claim may be pursued without waiting for a criminal conviction, although evidence gathered in a criminal investigation may be relevant. A lawyer can advise whether parallel proceedings or waiting for specific evidence is appropriate.
For compulsory motor liability claims, the general payment period is 30 days after the insurer receives notice. If the circumstances cannot be clarified by then, the usual rule allows payment within 14 days after clarification, generally no later than 90 days after notice, subject to exceptions.
The deadline depends on the claim and when the claimant learned of the damage and the person responsible. A different rule can apply when the damage resulted from a crime, so families should obtain advice promptly rather than assume one deadline applies to everyone.
Fees are usually agreed with the lawyer and may depend on the work involved, the number of claimants, and whether a court case is needed. Court fees are separate; a property claim generally attracts a fee calculated under statutory rules, commonly 5% of the claim value, with exceptions.
That depends on the settlement documents and what rights the family agrees to release. Before signing a final settlement or accepting payment described as full and final, have the offer and its consequences reviewed.
Keep death and family-status documents, funeral invoices, evidence of financial support, and correspondence from insurers or authorities. Police or prosecution records, medical documentation, photographs, and witness details may also help establish what happened and its consequences.
They may be eligible where the legal requirements are met, but the result depends on the relationship and evidence of the harm suffered. A lawyer can assess each relative’s claim individually rather than treating the family as one claimant.
Not necessarily. The proper court depends on jurisdictional rules and the details of the claim, including the parties and the amount sought. A lawyer can identify the appropriate court and whether a Białystok court is available.
Potentially, but the deceased’s contribution to the incident may reduce the compensation under Polish civil-law rules. The effect depends on the evidence and how responsibility is assessed.
No, a family can make an insurance claim or bring a civil case without a lawyer. Legal help can be valuable where liability is contested, multiple relatives have claims, or an insurer disputes the amount.
District Court in Białystok (Sąd Okręgowy w Białymstoku): Provides court information and handles civil cases within its jurisdiction. Its information services can help with court procedures, but do not provide individual legal advice.
Municipal Police Headquarters in Białystok (Komenda Miejska Policji w Białymstoku): Handles police matters in the city, including accident investigations. Relatives can ask the relevant authority how to request information or documents in a specific case.
Regional Chamber of Legal Advisers in Białystok (Okręgowa Izba Radców Prawnych w Białymstoku): A professional body for legal advisers. It can provide information about the profession and assist with checking a legal adviser’s professional status.
Gather the core documents. In the first few days, collect the death certificate, proof of family relationship, funeral invoices, and any police, medical, or insurer correspondence already available.
Identify possible sources of liability. Note where and how the death occurred, the authorities involved, and any insurer or employer already identified. Do not delay while waiting for every investigation record.
Shortlist local legal advisers. Look for an adwokat or radca prawny who handles civil compensation claims after deaths, insurance disputes, or the relevant type of incident.
Arrange an initial consultation. Ask what claims may be available to each relative, what evidence is missing, and whether an insurer or another party should receive a claim first.
Compare experience and approach. Ask how the lawyer assesses liability and damages, who will handle the file, and how the lawyer will communicate with the family.
Review the fee agreement before signing. Confirm the fee structure, any additional costs, the scope of work, and how a settlement offer will be reviewed with the family.
Act promptly on deadlines. Once retained, provide documents quickly and ask the lawyer to track limitation periods, insurer response dates, and any deadlines in court or criminal proceedings.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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