Compensation for damage resulting from the death of a person: legal regulation and judicial practice in Lithuania

Abstract

The right to compensation for damage is guaranteed by the Constitution of the Republic of Lithuania and further regulated by the Civil Code. Where a person dies as a result of unlawful conduct, compensation may be awarded for both pecuniary and non-pecuniary damage. Although Lithuanian law establishes general criteria for assessing non-pecuniary damage, it neither defines the relative importance of these criteria nor sets minimum or maximum compensation amounts. As a result, the assessment of non-pecuniary damage largely depends on judicial discretion and the development of case law. Due to its intangible nature, determining appropriate compensation remains one of the most complex issues in cases involving the death of a person. This article examines the legal framework governing compensation for damage resulting from the death of a person and analyses Lithuanian judicial practice between 1 January 2020 and 1 September 2025. The study is based on an analysis of 101 court cases and 102 individual claims. The latter number reflects situations in which several claimants sought compensation within the same proceedings. To evaluate the individual relationship between each claimant and the deceased, every claimant was examined separately. Particular attention is paid to the criteria applied by courts when assessing non-pecuniary damage, including the relationship between the claimant and the deceased, the defendant’s financial situation, and the circumstances surrounding the death. The findings identify the main trends in Lithuanian judicial practice and the factors influencing the determination of compensation in cases involving the death of a person. They also identify the compensation amounts most commonly awarded by courts and the factors that most significantly influence judicial decision-making in such cases.