Compensation for Loss of Support

Compensation for loss of support is financial compensation that individuals who were supported by the deceased during their lifetime can claim from the party responsible for their death.

The aim here is to enable those deprived of support to continue their lives as before, not to enrich themselves. Assistance must be regular and provided with the aim of enabling the recipient to live a normal life. Support given for any other purpose, even if continuous, cannot be claimed as compensation for loss of support. The reason for the assistance is irrelevant. It may be given out of compassion, religious reasons, or to gain prestige. However, the reason must not be morally reprehensible. Continuous support does not mean daily or monthly assistance. Assistance given once a year but repeated annually is also included. The support does not necessarily have to be monetary.

If the plaintiff has the means to maintain their current standard of living, their claim will be rejected.

Furthermore, in order to claim compensation for loss of support, there must be a belief that the support would have continued if death had not occurred.

To claim this compensation, it is a prerequisite that the deceased was receiving support from their family before death. Normally, a person who did not receive support cannot claim compensation for loss of support after death. Anyone who received support can file a claim for loss of support. However, individuals other than those legally presumed to have provided support (such as spouses, children, parents, etc.)—such as uncles, aunts, boyfriends/girlfriends—must prove they received support. Additionally, if it is proven that individuals presumed to have provided support (parents, spouse, etc.) did not actually provide support in a manner contrary to the normal course of life, compensation for loss of support cannot be claimed. For example, spouses who haven't spoken for years cannot claim compensation for loss of support.

If a person who is obligated to provide lifelong care under a contract dies, the person being cared for is not entitled to compensation for loss of support.

The Social Security Institution (SGK) has the right to recourse against the negligent employer for the compensation paid to the relatives of those who died as a result of work-related accidents or occupational diseases.

The fact that one of the persons entitled to a share of the deceased's income did not file a lawsuit does not mean that their share can be distributed to others.

The support a single person receives should be calculated differently than the support they receive after marriage and having children.

The statute of limitations for a claim for compensation for loss of support is two years from the date the damage and the liable party are learned. If death occurred as a result of the incident but after years of treatment, the period begins to run from the year of death. In any case, the statute of limitations expires within ten years.