When a close relative passes away as a result of an accident or other traumatic event, the consequences can be both emotionally and financially demanding. In addition to the grief, many are left with questions about financial security, especially if the deceased contributed significantly to the family's finances.
Survivors' compensation is financial compensation to survivors when a survivor dies as a result of an injury or event for which someone can be held legally liable. This can be traffic accidents, occupational injuries, violent incidents or other cases where liability is applicable. The purpose is to cover the financial loss that occurs because the deceased can no longer contribute to the family's support.
Compensation for loss of dependents may be applicable for:
It is important to note that there must be an actual support relationship – it is not enough to be related. For example, adult children will normally not have a claim unless they were financially supported to a significant extent.
Compensation may be applicable if the death is due to:
Liability for compensation may lie with a private individual, employer, insurance company or the state – depending on what caused the death.
The compensation shall, as a general rule, cover the financial contribution the deceased would have made if he or she had lived. This includes:
The compensation shall contribute to the restoration of the financial situation that would have existed without the death.
The calculation is based on the deceased's income, the survivor's financial situation and how long the support would have continued. Usually, a discretionary assessment is made based on standardized guidelines, but individual circumstances may come into play. Children are usually paid survivor's compensation until they reach the age of 20.
It is common for NAV, insurance companies and possibly lawyers to be involved in the calculation and payment of compensation.
To receive compensation, you must submit a claim to the correct authority. Which authority this is depends on the cause of death:
The processing time varies, but it is not uncommon for such cases to take several months. The complexity of the case, the documentation required, and the workload of the insurance company or public authority play a role. It is therefore important to start the process as early as possible.
Survivors' compensation is intended to ensure that you and your loved ones do not suffer financially as a result of a death that could have been avoided. It can feel overwhelming to familiarize yourself with the compensation rules while dealing with grief and loss. However, you are not alone. Fortunately, many people are entitled to free legal aid through insurance or the public sector. Please contact one of our experienced compensation lawyers for a free assessment of your case.
If you have suffered injury or financial loss as a result of the actions of others, you may be entitled to compensation. This guide provides an overview of what a compensation claim is, what conditions must be met, and how to proceed to claim compensation.
A damages claim is a claim for financial compensation for damage or loss caused by another party. The goal is to restore you to the financial situation you were in before the damage occurred.
To be entitled to compensation, three basic conditions must be met:
Compensation is divided into several categories:
A claim for damages must normally be made within three years of the date you became aware of the damage and the person responsible. Waiting too long may cause the claim to become time-barred, so act quickly. A claim can also be lost as a result of inaction.
If you have a low income or limited resources, you may be entitled to free legal aid from the state. This applies, among other things, to personal injuries and compensation for victims of violence, and covers legal assistance in whole or in part. Contact a lawyer or the county governor for an assessment.
In addition, many insurance policies, such as home and car insurance, include legal aid coverage. This means that legal fees in disputes may be covered, for a deductible. Check the terms of your insurance contract or ask the insurance company directly.
The rules for damages claims and statutes of limitations can be complicated, especially when it is unclear when the statute of limitations begins to run, or if it has been interrupted. If you are unsure whether your claim is still valid, it may be wise to get a legal opinion.
At Insa advokater you will receive assistance from an experienced tort lawyer who has in-depth knowledge of the law and what is required to safeguard your rights. An early assessment can be crucial to the outcome of your case.
When you have a claim for compensation – whether following a personal injury, breach of contract or financial loss – it is important to act within certain time limits. If you wait too long, your claim may be time-barred and you will lose the right to have it fulfilled.
Statute of limitations means that a claim can no longer be asserted if it is not reported within certain deadlines. For compensation claims, this applies to both:
A claim may be time-barred either because too much time has passed from the time the claim could have been met until you actually demand payment, or because you cannot invoke any additional deadlines.
Statutes of limitations serve an important function in the legal system. They are designed to:
In short: the older a claim is, the more difficult it is to prove what actually happened. That's why there are absolute deadlines.
The general limitation period is 3 years . This follows from Section 2 of the Limitation Act. When the period begins to run depends on the type of claim in question.
In the event of a breach of contract, the limitation period runs from the time the breach occurred – normally upon takeover or delivery , not from when you discover the fault.
Example: You have plumbing work done in 2018, but discover in February 2023 that a mistake has been made. The limitation period still ran from 2018, and when the mistake was discovered, more than three years have passed and the limitation period has therefore expired. If you could not have discovered this earlier, you have the opportunity to get an additional period of one year – until February 2024 – to file a claim, even though more than three years have passed since the work was performed.
If you claim compensation from a party with whom you are not in a contractual relationship, the time limit runs from the date you received or should have received the necessary knowledge of both the damage and the person responsible.
Example: You injure yourself after falling on ice outside a store in 2022, but the doctor only proves permanent damage in 2024. The statute of limitations starts in 2024.
Prescription can be interrupted in the following two main ways:
When the statute of limitations is interrupted, the original statute of limitations is interrupted and reset . This means that a new statute of limitations – usually three years – begins from the time the interruption occurred.
The statute of limitations can be challenging to navigate, especially when there is uncertainty about when the statute of limitations starts or whether it has been interrupted. If you are in doubt about whether your claim can still be enforced, it may be a good idea to get a legal opinion.
At Insa lawyers, you will receive assistance from an experienced lawyer in tort law who knows the regulations and what is needed to secure your rights.
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