Best Wrongful Death Lawyers in Borgholm

About Wrongful Death Law in Borgholm, Sweden

In Sweden, there is no separate lawsuit called wrongful death as in some other countries. Instead, claims arising from a death caused by negligence, crime, medical error, a traffic accident, a dangerous product, or a workplace incident are handled through Sweden’s tort and insurance systems. The key idea is that the party who caused the death may be liable to compensate the deceased person’s close relatives for certain losses, and insurance schemes often provide a primary route for payment.

Borgholm is part of Kalmar County, and cases are handled under national Swedish law. Local factors mainly affect where you report, investigate, and bring claims, such as the police district, healthcare region, and district court that have jurisdiction.

Compensation to relatives typically covers funeral expenses, loss of financial support, and a standardized amount for mental suffering for close relatives. Claims can be pursued directly against the at-fault party, through their insurer, or within a related criminal case if a crime such as involuntary manslaughter is suspected.

Why You May Need a Lawyer

You may need a lawyer to identify all potential sources of compensation. A single fatal incident can trigger several parallel pathways, such as a tort claim against an at-fault individual or company, a traffic or liability insurance claim, a patient injury claim for medical errors, a work injury claim, and a criminal injuries compensation claim. A lawyer helps you avoid missing deadlines and maximize the total recovery across these channels.

You may also need a lawyer to value the claim. Swedish practice uses standardized reference values for mental suffering to close relatives, but loss of support is fact specific, often requiring analysis of income, benefits, and the family’s needs. Insurers commonly rely on national guidelines, and experienced counsel can challenge low offers and present documentation that supports a higher amount.

If there is a criminal investigation or prosecution, a lawyer can help you participate in the criminal process, file a civil damages claim within that case, and work with the prosecutor and any court-appointed counsel for victims. In workplace or medical settings, counsel can coordinate with authorities and ensure findings are preserved for civil claims.

Disputes over liability and causation are common. A lawyer can gather and assess evidence such as accident reports, expert opinions, medical records, autopsy results, and witness statements. If settlement fails, counsel can represent you in court at Kalmar District Court, which covers Borgholm.

Local Laws Overview

Core tort law is found in the Tort Liability Act, which allows compensation when a death is caused by negligence or strict liability. Employers are generally liable for damage caused by their employees in the course of employment. Product manufacturers and importers may be liable under the Product Liability Act if a defective product causes a fatal injury.

Traffic accidents are covered by mandatory motor insurance. Claims are usually directed to the traffic insurer, and valuation uses nationally recognized guidelines. If the responsible vehicle is unidentified or uninsured, the Swedish Motor Insurers bureau can often step in.

Medical injuries are handled under the Patient Injury Act and patient insurance. Claims are made to the healthcare provider’s insurer for compensation when care deviates from accepted standards and causes injury or death. Region Kalmar is responsible for public healthcare in Borgholm, and most public providers are insured through national patient insurance arrangements.

Workplace fatalities involve reporting to the Work Environment Authority and may trigger a work injury insurance claim. Many employees also have collective insurance through AFA for work injuries, which can provide additional compensation. Employers and responsible individuals may face criminal investigation for work environment violations.

Criminal injuries compensation is administered by the Crime Victim Compensation and Support Authority when the offender cannot pay and insurance does not fully cover losses. If there is a criminal case, relatives can bring a civil claim for damages within that case, with assistance from a victim’s counsel appointed by the court in serious matters.

Compensation typically includes funeral and related costs, loss of maintenance for dependents, and standardized compensation for mental suffering of close relatives. Valuation in Sweden is guided by established tables and practice, with amounts reviewed periodically.

Limitation periods generally allow up to ten years to bring civil claims, but insurance schemes often have shorter notification rules, commonly three years from when you became aware of the claim and no later than ten years from the event. Different schemes have specific deadlines, so early legal advice is important.

Frequently Asked Questions

What qualifies as wrongful death under Swedish law?

Swedish law does not use the term wrongful death, but you can claim compensation when a person’s death is caused by someone’s negligence, a strict liability situation such as a traffic accident, a medical error within the patient injury system, a defective product, or a criminal act.

Who can receive compensation after a death?

Close relatives can claim compensation for mental suffering, and dependents can claim loss of maintenance. Funeral and related necessary costs are also compensable. The specific group of eligible close relatives and dependents is determined by Swedish law and the facts of the family situation.

Do I need to file a police report?

File a police report if a crime is suspected, such as a traffic offense, assault, or workplace crime. A police investigation can preserve critical evidence and may allow you to attach a civil claim to a criminal case. For accidents without crime, you usually report directly to the relevant insurer and, when applicable, to regulators.

How are damages calculated?

Swedish practice uses standardized amounts for mental suffering to close relatives, based on national guidelines. Loss of maintenance is calculated from the deceased person’s income, benefits, and family circumstances, and considers taxes and survivorship benefits. Funeral and necessary related costs are reimbursed against documentation.

Can I claim within a criminal case?

Yes. If there is a prosecution, you can bring your civil claim for damages in the criminal case. The prosecutor can help present your claim, and in serious matters a victim’s counsel may be appointed to assist you. This can be an efficient path to a judgment.

What if the responsible person is uninsured or cannot pay?

Certain schemes step in. Traffic cases can be covered by industry funds when vehicles are uninsured or unidentified. Victims of crime may apply for state crime victim compensation if the offender cannot pay and insurance is insufficient. A lawyer can coordinate these avenues.

Are there deadlines I should know about?

General civil claims usually have a ten year limitation period, but insurance schemes often require notice within three years from when you knew or should have known about the claim, and in any event within ten years of the incident. Patient injury and work injury systems have their own notification rules. Act promptly to protect your rights.

How do medical error cases work?

Medical injury claims are submitted to the relevant patient insurer. You do not have to prove negligence in the same way as in ordinary tort law. Instead, the insurer assesses whether the injury could have been avoided under accepted medical practice. If so, compensation is payable according to the scheme’s rules.

What happens after a workplace fatality?

The employer must notify the Work Environment Authority and the police. Investigations focus on safety compliance. Eligible family members may claim through work injury insurance and any collective insurance, and they can also pursue tort claims if negligence contributed to the death.

Will the estate or the relatives receive the money?

Some compensation relates to the estate, such as funeral costs in certain circumstances, while other components, like mental suffering for close relatives and loss of maintenance for dependents, are paid directly to the individuals entitled. A lawyer can help allocate claims correctly and coordinate with the estate administration.

Additional Resources

Kalmar District Court for civil claims connected to events in Borgholm.

Swedish Police for reporting suspected crimes, including traffic offenses and violent incidents.

Swedish Prosecution Authority for information on criminal proceedings and attaching civil claims.

Crime Victim Compensation and Support Authority for state compensation when offenders cannot pay and insurance is insufficient.

Work Environment Authority for reporting and guidance regarding workplace fatalities.

Swedish Social Insurance Agency for survivorship and dependent benefits that may affect loss of maintenance calculations.

AFA Insurance for collective work injury insurance coverage where applicable.

Region Kalmar Patient Advisory Committee for support in healthcare related concerns and complaints.

Health and Social Care Inspectorate for oversight of healthcare providers and serious incidents.

Swedish Motor Insurers bureau for matters involving uninsured or unidentified vehicles.

Swedish Tax Agency for death registration and estate inventory requirements that often arise alongside compensation claims.

Next Steps

Ensure immediate safety and care for dependents. Obtain the death certificate and, if applicable, any autopsy report. Keep all receipts for funeral and related expenses.

Report the event to the appropriate authority or insurer. For suspected crime, contact the police. For traffic accidents, notify the relevant traffic insurer. For medical injuries, submit a claim under the patient insurance. For workplace fatalities, ensure the employer has reported to the Work Environment Authority and contact any work injury insurer.

Collect documentation. This includes accident reports, photographs, witness contact details, medical records, employment and income information of the deceased, and proof of expenses.

Consult a lawyer experienced in fatal injury claims. Ask about legal expenses coverage through your home insurance and whether you qualify for legal aid. Early advice helps preserve evidence and avoid missed deadlines.

Consider bringing a civil claim within any related criminal case. Your lawyer can help file and present the claim efficiently if a prosecution is initiated.

Evaluate settlement offers carefully. Insurers often use standardized tables. Have counsel check that loss of maintenance and all compensable items are properly calculated before you accept payment.

Coordinate with the estate process. File the required estate inventory and clarify which claims belong to the estate versus individual relatives. Seek the district court’s assistance with an estate administrator if needed.

Monitor limitation and notification periods. Confirm each scheme’s deadlines and submit claims or lawsuit filings in time.

Keep a dedicated file with all correspondence, decisions, and payment records. This helps if you need to appeal an insurer’s decision or proceed to court.

Focus on support services in parallel. Bereavement and practical assistance can help you navigate legal steps during a difficult time while your lawyer manages the procedural demands.