Compensation of non-pecuniary damage to persons close to the deceased or to the aggrieved person

Abstract

In the field of compensation of non-pecuniary damage, one of the most widely discussed issues is whether and based on which prerequisites those close to a person killed or injured ought to be able to claim compensation for non-pecuniary damage. This article attempts to find answers to these questions by comparing Estonian, German and English law as well as relevant European model laws. The article thoroughly examines Estonian case-law and investigates whether Estonian courts have reasonably substantiated the precondition for a claim for compensation of non-pecuniary damage of a close person under Estonian law, i.e. the occurrence of exceptional circumstances. The article shows the actual possibilities of a person close to the deceased or to an aggrieved person to obtain compensation for non-pecuniary damage under Estonian law.