Best Wrongful Death Lawyers in Marijampolė

About Wrongful Death Law in Marijampolė, Republic of Lithuania

Wrongful death in Lithuania refers to a death caused by another person's unlawful act or omission. It is primarily a civil matter governed by the Civil Code of the Republic of Lithuania, although the same conduct may also lead to criminal proceedings. In Marijampolė, claims are brought in the local courts and may also be pursued through insurers, state bodies, or specialized commissions depending on how the death occurred, such as traffic collisions, workplace incidents, medical care, or violent crimes.

Close relatives and dependents can seek monetary compensation for both pecuniary losses such as funeral costs and loss of financial support and non pecuniary harm such as grief and emotional suffering. Where insurance applies, claims are usually filed first with the relevant insurer. If a criminal case is opened, the family may join as a civil claimant in that proceeding or file a separate civil lawsuit.

Why You May Need a Lawyer

You may need a lawyer if any of the following apply:

- The death arose from a traffic collision and you need to deal with a motor insurer, liability disputes, or low settlement offers.
- The death occurred at work and you must coordinate investigations with the State Labour Inspectorate, seek social insurance benefits, and pursue additional civil compensation.
- There are signs of medical error and you wish to apply to the Patient Injury Commission or bring a civil claim against a healthcare provider and its insurer.
- A criminal investigation is ongoing and you want to participate as a civil claimant, claim damages, or ensure your rights in the process.
- Multiple parties may be responsible, such as employers, contractors, vehicle owners, or product manufacturers, and you need to establish fault and causation.
- You face deadlines, evidence preservation issues, expert examinations, or valuation of non pecuniary damages.
- The liable party is uninsured or unidentified and you need guidance on state compensation schemes or the Motor Insurers' Bureau mechanism.
- You are a foreign national or non Lithuanian speaker and need help with procedure, translation, and filings in Lithuanian.
- Settlement talks stall and litigation or mediation becomes necessary.

Local Laws Overview

- Legal basis: Wrongful death claims are part of civil liability under the Civil Code. A claimant must generally show unlawful conduct, damage, causation, and fault. In some cases the law imposes strict liability, for example for sources of increased danger such as motor vehicles.
- Who can claim: Typically the spouse or partner, children, parents, and other close relatives may recover non pecuniary damages for grief. Those who incurred funeral expenses may recover those costs. Dependents may claim loss of maintenance if they relied on the deceased's income.
- Damages: Courts may award pecuniary damages such as funeral and burial costs, medical and transportation expenses, loss of income, and loss of support to dependents, as well as non pecuniary damages for emotional harm. Amounts are set case by case using criteria from statute and Supreme Court practice.
- Insurance: Traffic cases are usually handled through compulsory motor third party liability insurance. Employers may have civil liability insurance. Healthcare providers carry professional liability insurance. Claims often start with a notice to the insurer, which must investigate and make a decision within statutory time limits.
- Workplace fatalities: The State Labour Inspectorate investigates. Survivors may receive social insurance benefits in addition to civil damages from the liable party.
- Medical treatment related deaths: Before or in addition to court, families may apply to the Patient Injury Commission, an administrative no fault mechanism for harm caused by healthcare services. There are specific application deadlines and evidence requirements.
- Violent crime: Families can pursue a civil claim and may also be eligible for state paid compensation for violent crimes, subject to rules on eligibility and timing.
- Limitation periods: Civil wrongful death claims are generally subject to a 3 year limitation period, typically running from when the claimant learned or should have learned about the damage and the liable person. Special rules can suspend or interrupt this period, for example for minors or when a civil claim is joined to a criminal case. Speak to a lawyer promptly to avoid missing deadlines.
- Court fees: Claimants in cases for damage due to health injury or death are, in many instances, exempt from the state court fee when filing a civil claim. Confirm the current rules before filing.
- Procedure in Marijampolė: Cases are typically filed in the Marijampolė District Court or, for appeals, heard by the competent regional court. Proceedings are in Lithuanian. Interpreters are available for those who do not speak Lithuanian. Mediation is available in civil disputes if the parties agree or if required.

Frequently Asked Questions

Who can file a wrongful death claim in Marijampolė?

Close relatives such as a spouse or partner, children, and parents typically have standing to claim non pecuniary damages. Those who paid funeral expenses can claim reimbursement. Dependents can claim loss of financial support. In each case the court will consider the closeness of the relationship and dependency.

What compensation can be recovered?

Compensation may include funeral and burial expenses, medical costs related to the final illness or injury, loss of the deceased's income and financial support to dependents, costs of psychological support, and non pecuniary damages for emotional suffering of close relatives. Interest may accrue on awarded sums from a date set by the court.

How do traffic collision cases work with insurance?

File a written claim with the at fault driver's motor insurer. Provide police reports, medical and death records, proof of expenses, and evidence of dependency. The insurer must assess the claim and issue a reasoned decision within statutory time limits. If the vehicle or driver is uninsured or unidentified, claims may proceed through the Motor Insurers' Bureau mechanism.

What if the death happened at work?

Report the incident to the employer and the State Labour Inspectorate. An investigation will determine causes and liability. Survivors may receive social insurance benefits and can also pursue civil damages from the employer or other liable parties. Keep all records of earnings, dependency, and expenses.

Can we pursue compensation for medical errors?

Yes. You may apply to the Patient Injury Commission for an administrative decision on compensation, and you may also bring a civil claim against the healthcare provider and its insurer. Strict deadlines and documentation requirements apply, so legal guidance is useful early on.

Should we wait for the criminal case to finish?

You do not have to wait. You may join the criminal case as a civil claimant and ask for damages there, or file a separate civil lawsuit. Coordination is important to protect evidence and avoid limitation issues.

How long do we have to file a claim?

The general limitation period is 3 years from when you learned or should have learned about the damage and the liable person. This period can be suspended or interrupted in specific situations, for example for minors or while a criminal case is ongoing. Consult a lawyer promptly.

How are non pecuniary damages calculated?

Courts consider factors such as the closeness of the relationship, the circumstances of the death, the conduct and fault of the liable party, and relevant case law. There is no fixed tariff. The amount is individualized and reasoned in the judgment.

Will we have to pay court fees?

In many cases, claimants seeking compensation for damage caused by injury or death are exempt from the state court fee at filing. Other litigation costs, such as expert fees, may still arise, and the losing party may be ordered to reimburse costs. Ask your lawyer about current exemptions.

What evidence should we collect?

Obtain death and medical certificates, police or inspectorate reports, autopsy findings, photographs, witness statements, employment and income records, proof of funeral and other expenses, and documents showing dependency. Expert opinions may be needed in medical or technical matters.

Additional Resources

- Marijampolė District Court for filing civil claims and accessing procedural information.
- Marijampolė District Prosecutor's Office regarding criminal cases and victim rights.
- Marijampolė County Police Headquarters for accident reports and investigations.
- State Labour Inspectorate for workplace fatality investigations and reports.
- State Social Insurance Fund Board Sodra for survivor benefits and funeral benefit information.
- Patient Injury Commission under the Ministry of Health for healthcare related death claims.
- Motor Insurers' Bureau of Lithuania for uninsured or unidentified vehicle claims and MTPL coordination.
- State Guaranteed Legal Aid Service for eligibility and access to state funded legal assistance.
- Lithuanian Bar Association to find qualified wrongful death and insurance litigation lawyers.
- State Forensic Medicine Service for forensic examinations and expert conclusions.

Next Steps

- Prioritize safety and immediate needs. Arrange for medical and funeral documentation. Report incidents to the police or relevant authority as required.
- Preserve evidence. Keep all documents, correspondence, photographs, receipts, and contact details of witnesses. Do not repair or discard key items without advice.
- Notify insurers promptly. For traffic and employer related cases, send written notice with basic facts and request claim handling instructions.
- Seek legal advice early. A lawyer can assess liability, calculate damages, protect limitation periods, and communicate with insurers and authorities. If eligible, apply for state guaranteed legal aid.
- Consider procedural paths. Decide whether to file a civil claim, join a criminal case as a civil claimant, apply to the Patient Injury Commission for medical cases, or use mediation where appropriate.
- Plan for financial support. Explore Sodra survivor and funeral benefits and any state compensation available for violent crimes.
- Monitor deadlines. Track the 3 year limitation and any special notification or application periods applicable to your case.
- Reassess settlement offers critically. Have a lawyer review insurer proposals to ensure they reflect all pecuniary and non pecuniary harm.
- Prepare for expert evidence. Medical, technical, or forensic experts may be crucial to establish causation and quantify loss.
- If settlement fails, proceed to litigation. Your lawyer will file and prosecute the case in the competent court in Marijampolė and handle appeals if needed.