Compensation for damage caused to life



The right to life is one of the key human and civil rights, guaranteed by the Constitution of the Russian Federation and international law. Life is considered the highest intangible good that determines the value of other aspects of human existence. It is not only a personal property, but also a social benefit belonging to society and the state.

Unfortunately, situations arise when a person’s life is threatened, sometimes leading to his death. In such cases, the harm caused cannot be fully compensated, but family members of the victim experience property losses due to the loss of a source of income and maintenance.

The causes of damage to life are varied: it may be related to production, road accidents, crime, provision of poor-quality services, etc.

According to Article 1064 of the Civil Code of the Russian Federation, a person who causes harm to a person or property is obliged to compensate it in full. The law assumes the guilt of the perpetrator, releasing him from liability only if the absence of guilt is proven.

However, there are cases of compensation for harm even without proof of guilt. For example, Article 1097 of the Civil Code of the Russian Federation provides for the obligation of legal entities and citizens whose activities involve increased danger to compensate for damage if they cannot prove that it occurred due to force majeure or the intent of the victim.

Upon the death of a person, family members may demand compensation for moral and property damage. The amount of moral damage is determined by the court depending on the suffering and degree of guilt of the perpetrator.

In the event of the death of a victim, disabled persons who were dependent on the deceased, as well as family members who took care of him and who remain disabled after his death, have the right to compensation for harm.

Compensation for the loss of a breadwinner depends on his income and is paid to dependents in accordance with their previous rights to maintenance.

If harm is caused to life as part of work, compensation for material damage is assigned to the social insurance fund, which can subsequently demand compensation from the causer.

The statute of limitations does not apply to claims for compensation for damage to life, but claims for material damage are satisfied for the past three years.