TBK article 53: Those who are deprived of the support of the deceased can claim the financial consequences of the death. It is applied in all fatal events, including traffic accidents.
Persons Considered as Support
- Spouse, child, parents (even if they are not legal heirs)
- Fiancee (if there is concrete support)
- Stepchild, adopted child (actual support)
- Sibling in need of care
Calculation Method
- Income determination of the deceased (SGK records, payroll, tax)
- Balance life expectancy (TRH 2010, PMF tables)
- Active/passive period account
- Share rates (per spouse, per child)
- Discount application
Insurance Limit
Compulsory traffic insurance pays based on death/disability coverage on the date of the accident. The part exceeding the limit is collected from the defective driver/operator.
Supreme Court 17. HD
17. HD accepts that "TRH 2010" table should be used instead of "PMF 1931" in the calculation of loss of support, and that it can also evaluate unregistered income for those working on minimum wage.
Compensation lawyer condition - actuary + legal process technique.