Best Wrongful Death Lawyers in Parchim

About Wrongful Death Law in Parchim, Germany

In Germany there is no single statute titled wrongful death. Instead, the legal framework combines criminal law for causing a death and civil law claims that compensate surviving family members. In civil law, claims are usually based on general tort provisions in the German Civil Code, known as the Bürgerliches Gesetzbuch or BGB. Close relatives can claim reimbursement of funeral expenses, compensation for loss of financial support, compensation for household services that the deceased previously provided, and a specific grief compensation called Hinterbliebenengeld. Separate compensation may be available for a medically diagnosed shock injury suffered by close relatives. Depending on the facts, strict liability regimes may apply, such as road traffic liability, medical malpractice rules, product liability, and employer accident insurance. In Parchim, cases are pursued under these nationwide laws, administered through local authorities and courts in Mecklenburg-Vorpommern.

Why You May Need a Lawyer

After a fatal incident, families often face urgent decisions about insurance notifications, evidence preservation, post-mortem questions, and deadlines. A lawyer can assess liability, identify all potential claims and insurers, secure evidence early, and manage communications so that statements do not prejudice the case. In road-traffic deaths, counsel coordinates with the liability insurer and pursues full damages including loss of maintenance and household assistance. In medical cases, counsel obtains records, commissions expert reviews, and addresses burden-of-proof rules that may shift if there was a severe treatment error or inadequate documentation. In workplace or public incidents, a lawyer navigates the overlap between statutory accident insurance benefits, social insurance pensions, and civil claims against responsible third parties. If criminal proceedings run in parallel, counsel can support participation as a Nebenklage party where permitted, request access to files, and, if strategic, assert civil claims within the criminal case through the adhesion procedure. A lawyer also monitors limitation periods and litigates in the competent local court if settlement fails.

Local Laws Overview

Civil liability for causing a death is typically grounded in the BGB. Section 823 BGB sets general fault-based liability for unlawful harm. Section 844 BGB governs key death-related damages. It allows reimbursement of funeral costs, compensation for loss of maintenance to dependants, and, since 2017, a specific grief payment to close relatives called Hinterbliebenengeld. Typical awards for Hinterbliebenengeld vary by relationship and circumstances, and courts assess them case by case. Separate shock-injury damages may be available when a close relative suffers a clinically significant health impairment from the news or direct perception of the event.

Road-traffic cases apply the Straßenverkehrsgesetz, which establishes driver and vehicle owner liability, together with compulsory motor liability insurance. Product-related deaths may trigger liability under the Product Liability Act. Medical cases apply patient rights provisions in the BGB, with important rules on documentation duties and potential burden-of-proof shifts after gross treatment errors. Fatal workplace accidents involve the statutory accident insurance system under the German Social Code, which can pay survivors benefits such as widows and orphans pensions and funeral support. Civil claims against the employer are usually restricted to intent, but claims against other responsible parties remain possible.

Victims of violent crime and their families may have entitlements under the social compensation law in the German Social Code, currently administered at the state level. In Mecklenburg-Vorpommern, competent state bodies process applications for crime victim compensation in addition to any civil damages pursued against the offender.

Limitation periods require early attention. As a rule, tort claims become time-barred three years after the end of the year in which the claimant learned of the injury and the responsible party. There are longer absolute limits, with maximum periods that can extend up to 30 years for injuries to life, body, or health, depending on the statute and circumstances. Specific deadlines may also apply to insurance notifications and to applications for social benefits.

Procedure in Parchim follows national rules. The local district court, Amtsgericht Parchim, is competent for lower-value civil cases, while the regional court hears higher-value claims. Criminal investigations are conducted by the local police and the public prosecutor. In medical malpractice disputes, a voluntary review by the state medical association expert commission can be requested to obtain an initial expert assessment, which can support settlement or litigation.

Costs are governed by the German Attorneys Fees Act. Many cases proceed under statutory fee schedules or a fee agreement. Legal expenses insurance may cover lawyer and court costs. Legal aid is available for those with limited means if the case has reasonable prospects. Success fee arrangements are restricted and allowed only in narrow exceptions.

Frequently Asked Questions

What is considered wrongful death in Germany?

The term wrongful death is not a formal statute. It refers to situations where a person dies due to another party’s fault or strict liability, such as a negligent driver, a medical treatment error, a defective product, or a dangerous condition. Civil claims by surviving family members are brought under the BGB and, where applicable, special liability laws.

Who can claim compensation after a death?

Persons who paid funeral expenses can seek reimbursement. Dependants who lost financial support can claim loss of maintenance. Close relatives such as spouse, registered partner, parents, or children may qualify for Hinterbliebenengeld, the grief compensation. Close relatives who suffer a medically recognized shock injury can also claim damages for that health harm.

What damages can be recovered?

Recoverable items can include funeral and burial costs, loss of financial maintenance, loss of household services, grief compensation for close relatives, and separate shock-injury damages when medically established. In appropriate cases there can also be claims for lost childcare support, replacement household help, and other consequential losses.

How is loss of maintenance calculated?

Courts examine the deceased’s income, taxes, social contributions, personal living expenses, and the share that would have supported the family. They also consider the duration of expected support, surviving spouses or partners income, and childcare needs. The goal is to approximate the financial position dependants would have had without the death.

Is there a fixed amount for grief compensation?

No. Hinterbliebenengeld is assessed case by case based on relationship, closeness, and the circumstances of the death. Courts consider established benchmarks but do not use a strict formula. A lawyer can provide a range based on recent case law.

Do I need to wait for the criminal case to finish before filing a civil claim?

No. Civil claims can be pursued independently. Sometimes it is strategic to monitor the criminal case for evidence, admissions, or an expert report. In certain cases, victims can join the criminal proceedings as Nebenklage and even assert civil claims in the same proceeding through the adhesion procedure.

What evidence should I preserve?

Keep all documentation, including death certificate, medical records, prescriptions, hospital letters, police report reference numbers, photographs, witness contacts, repair or inspection reports, and any insurer correspondence. In medical cases, request the complete treatment record promptly. Your lawyer can secure evidence and arrange expert opinions.

What are the time limits to bring a claim?

Generally, civil tort claims are subject to a three-year period starting at the end of the year in which you learned about the claim and the liable person. Longer maximum periods apply and can extend up to 30 years for injuries to life, body, or health. Insurance and social benefit deadlines may be shorter, so seek advice quickly.

Will insurance cover my legal costs?

Legal expenses insurance often covers wrongful death related claims against liable parties and their insurers, subject to policy terms. If you do not have such insurance, statutory fee rules apply, and legal aid may be available based on income and case prospects. Discuss costs and coverage with your lawyer at the outset.

Can I settle directly with the insurer?

You can, but it is risky to negotiate alone. Insurers may make offers that omit future losses, household services, or proper grief compensation. A lawyer evaluates full damages, negotiates from a position of strength using evidence and case law, and ensures settlement terms cover all claims.

Additional Resources

Local Police Inspectorate in the Ludwigslust-Parchim district for reporting and obtaining police report references.

Public Prosecutor’s Office responsible for the Parchim region for information on criminal investigations and victim rights.

Amtsgericht Parchim and the competent Regional Court for civil proceedings and court filings.

Rechtsanwaltskammer Mecklenburg-Vorpommern for lawyer referrals and information on finding a specialist attorney.

Ärztekammer Mecklenburg-Vorpommern Gutachterkommission for medical treatment errors for voluntary expert review in medical malpractice matters.

Deutsche Rentenversicherung for survivors pensions and related benefits.

Deutsche Gesetzliche Unfallversicherung regional office for workplace accident survivors benefits and guidance.

Landesamt für Gesundheit und Soziales Mecklenburg-Vorpommern for applications under social compensation law for victims of violent crime.

Versicherungsombudsmann e.V. for out-of-court dispute resolution with insurers.

WEISSER RING e.V. for victim support, counseling, and assistance navigating authorities.

Next Steps

Ensure immediate safety and notify authorities. Request and keep the death certificate and any police case numbers. If medical treatment preceded the death, request the complete medical record as soon as possible.

Avoid detailed statements to opposing insurers before obtaining legal advice. Report the incident to your own insurers within policy deadlines to preserve coverage.

Consult a lawyer experienced in wrongful death claims in Mecklenburg-Vorpommern. Ask about expertise with road-traffic liability, medical malpractice, or product liability as appropriate to your case. Discuss funding options, including legal expenses insurance and legal aid.

Work with your lawyer to map all claims. This includes funeral costs, loss of maintenance, household services, childcare, Hinterbliebenengeld, shock-injury damages, and any social insurance or statutory accident insurance benefits. Your lawyer will also identify all potentially liable parties and insurers.

Secure and develop evidence early. Your lawyer may obtain expert reports, witness statements, and official files. In medical cases, consider an application to the medical association expert commission to obtain an initial opinion that can support negotiation or litigation.

Attempt a structured settlement with the liable insurer once evidence is organized and damages are quantified. If settlement is not satisfactory, your lawyer will file suit in the competent court within limitation periods and manage the procedure through judgment.

Throughout the process, keep a record of all expenses, income changes, and practical impacts on household and childcare. This documentation is essential to maximize recovery and to support both civil claims and benefit applications.