PEOPIL RESEARCH GROUP. Marco BONA, Philip MEAD and Siewert LINDENBERGH (editors)

Transcription

1 PEOPIL RESEARCH GROUP Marco BONA, Philip MEAD and Siewert LINDENBERGH (editors) PERSONAL INJURY COMPENSATION IN EUROPE: FATAL ACCIDENTS AND SECONDARY VICTIMS A Comparative Study of and Guide to: Compensation in fatal accident cases Redress protection of secondary victims Bystanders and third parties Limitation law in fatal accident cases Compensation under the European Court of Human Rights Applicable law and jurisdiction Harmonisation With contributions by MARCO BONA SARA BURNS MICIIFXCANNARSA AUDA COATES PlIILOMENA CRF.FFIELD ANTONIO DA COSTA BASTO EVELIEN DE KEZEL PHILIP EDWARDS CUVE GARNER Ivo GREITER MARTIN HABLOTZEI. RlNTAI-A HANNU TESSA HERMAN ARSENE KRONSIIAGEN PAUL KUIIN SIEWERT LINDENBERGH ANGUS LOGAN PHILIP MEAD MARIA MEDINA AI.COZ MARIANO MEDINA CRESPO loannis NATSINAS STEPHEN NYE JOHN PRICE VOI.KER PRIBNOW TINA RFISSMANN WOLFGANG RFSCH MARIE-LOUISE RORISOI. FELIX RUKGG HENRIK SANDEI.L HERBERT SCHOHER TOM SORUM JOHN E. SWEETMAN ROBERT VERBURG xpl publishing

2 TABLE OF CONTENTS SECTION ONE NATIONAL REPORTS PERSONAL INJURY COMPENSATION IN EUROPE: FATAL ACCIDENT CLAIMS AND SECONDARY VICTIMS - INTRODUCTION TO THE NATIONAL REPORTS 3 Philip Mead QUESTIONNAIRE 8 1. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN AUSTRIA 17 Ivo Greiter 1.1. Introduction: the hire successionis action Fatal accidents: recoverable losses Loss of life Pecuniary damages Non-pecuniary damages Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Costs arising from the accident Compensation of loss Non-pecuniary losses in fatal accident claims General principles and categories of recoverable losses Quantification Factors to be taken into consideration for quantification purposes Death of a foetus Non-fatal injury sustained by the primary victim: living witli an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health Bystanders and rescuers: right to compensation Recoverable losses. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the

3 FATAL ACCIDENTS IN EUROPE primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 2. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN BELGIUM 33 Evelien de Kezel 1.1. Introduction: the cause of action hire successionis Transferability of a legal claim in the case of death Actio iure successionis versus actio iureproprio Belgian law of succession: framework Fatal Accidents: recoverable losses Heads of damage Pretium mortis Pecuniary losses Non-pecuniary losses Quantum of non-pecuniary damages Aim of the law of damages Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Pretium affectionis Funeral expenses Loss of support The right of secondary victims to claim compensation Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Loss of dependency Loss of support Deduction of the personal living costs of the deceased Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health Bystanders and rescuers: right to compensation Loss of affection Mental damage which does not result in a recognised psychiatric illness Recoverable losses. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods.

4 TABLE OF CONTENTS 3. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN DENMARK 55 Marie-Louise R0rb0l and Tina Reissmann 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 4. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN ENGLAND AND WALES 69 Clive Gamer, Philip Edwards, Alida Coates, Tessa Herman, Sara Burns and Stephen Nye 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses General damages for pain, suffering and loss of amenity (PSLA) Personal care support Loss of earnings Further expenses incurred during lifetime Deterrence, punitive and exemplary damages Death of the primary victim from causes other than the defendant's conduct Time limits for actions by the estate Proposals for law reform. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Loss of pecuniary benefit Loss of support.

5 xii FATAL ACCIDENTS IN EUROPE Loss of future support Future expenses Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 5. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN FINLAND 95 Rintala Hannu 1. Death of the primary victim: recoverability of damages Introduction Fatal accidents: recoverable losses of the primary victim Death of the primary victim from causes other than the defendant's conduct Time limits. 2. Protection of secondary victims Protection of family members and close relationships of love and affection Secondary victims entitled to claim compensation for pecuniary losses Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person Proposals for law reform. 3. Bystanders and rescuers: right to compensation. 4. Social security benefits, collateral benefits and private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 6. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN FRANCE 115 Michel Cannarsa 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim

6 TABLE OF CONTENTS xii[ compensation in fatal accident cases Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health Bystanders and rescuers: right to compensation Recoverable losses. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 7. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN GERMANY 133 Paul Kuhn 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses Loss of life Losses (pecuniary and non-pecuniary) suffered by the victim between the accident and death Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Shock Loss of dependency Pecuniary losses in fatal accident claims Death of the sole earner Death of the sole person keeping the household Two-wage-earner family Dependency arising from the death of a child or other relative Funeral and burial expenses Loss of social status Limits of maximum liability Non-pecuniary losses in fatal accident claims Categories of recoverable losses Quantification Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health Bystanders and rescuers: right to compensation Recoverable losses. 4. Secondary victims, social security benefits and other collateral benefits State social security

7 FATAL ACCIDENTS IN EUROPE benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships Primary victim is an employee Primary victim is a partner of a firm/company The surviving partner(s) are part of the family of the primary victims. 6. Secondary victims and limitation periods. 8. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN GREECE 155 Ioannis Natsinas 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims. 2.1 Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health. 4. Secondary victims, social security benefits and other collateral benefits State social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 9. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN THE REPUBLIC OF IRELAND 179 John E. Sweetman 1.1. Introduction: the hire successionis action Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims General principles Causation, proximity, remoteness Summary of causation Secondary

8 TABLE OF CONTENTS xv victims entitled to claim compensation in fatal accident cases Pecuniary damages Section 49(2): funeral and other expenses Loss of pecuniary benefits Summary of pecuniary damages Recoverable nonpecuniary loss and quantum Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person Pecuniary loss Summary: pecuniary loss of secondary victims Consortium. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health Bystanders and rescuers: right to compensation and recoverable losses Proposals for law reform. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Section 50 of the Civil Liability Act 1961: fatal injury cases Section 50 of the Civil Liability Act 1961: non-fatal injuries Collateral benefits received from outside the jurisdiction Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships Where the primary victim is an employee or employer Where the primary victim is a partner of a firm/company and the surviving partners are also part of the family of the primary victim Where the surviving partners have no family relationship with the primary victim. 6. Secondary victims and limitation periods. 10. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN ITALY 219 Marco Bona 1. Death of the primary victim: recoverability of damages sustained 1.1. Introduction: the hire successionis action Fatal accidents: recoverable losses Losses suffered by the victim between the accident and death Loss of life: recoverable or not recoverable? Summary Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs Proposals for law reform. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses recoverable in fatal accident claims Recoverable

9 xvi FATAL ACCIDENTS IN EUROPE non-pecuniary losses and quantum Categories of recoverable non-pecuniary loss Quantification of nonpecuniary loss Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person The right to claim compensation: the protection of family serenity Requirements Pecuniary losses Non-pecuniary losses: heads of damage and their assessment Proposals for law reform. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk of life or to health. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 11. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN THE GRAND-DUCHY OF LUXEMBOURG 265 Arsene Kronshagen 1.1. Introduction: actions under the law of inheritance Fatal accidents: compensatable losses Loss of life Pecuniary and non-pecuniary losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs. 2. Compensation of secondary victims Death of the primary victim: compensation of members of the family and next of kin General principles Secondary victims entitled to claim compensation in fatal accident cases The particular case of a child conceived but not yet born who has suffered the loss of the parent Pecuniary losses in fatal accident claims Non-pecuniary loss Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. The compensation of persons involved in a voluntary capacity. 4. Effect of social security and private insurance. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods.

10 TABLE OF CONTENTS xvii_ 12. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN THE NETHERLANDS 279 Robert Verburg 1.1. Introduction: the action hire successionis General Heirs The action hire successionis Fatal accidents: recoverable losses General Loss of life Losses (pecuniary and non-pecuniary) suffered by the victim between the accident and death Punitive features Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Spouses or registered partners Children Persons other than children or spouses Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Categories of recoverable losses. 2A.4.2. Quantification Factors to be taken into consideration for quantification purposes Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person Proposals for law reform. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health Bystanders and rescuers: right to compensation Recoverable losses. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 13. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN NORWAY 311 Tom Sfirtim 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions

11 xviii FATAL ACCIDENTS IN EUROPE by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 14. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN PORTUGAL 321 Antonio Da Costa Basto 1. Death of the primary victim: recoverability of losses suffered 1.1. Introduction: the hire successionis action Fatal accidents: recoverable losses Loss of the right to life Losses suffered by the primary victim between the date of the accident and death Death of the primary victim from causes other than the defendant's conduct Limitation periods for actions brought by the heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of dependants and close relationships of love and affection General principles Secondary victims with a right to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Recoverable losses Quantification Factors to be taken into consideration for quantification purposes Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Witnesses and rescuers. 4. Secondary victims, social security benefits and other collateral benefits Social security Collateral benefits Payments from private insurance policies. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods.

12 TABLE OF CONTENTS 15. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN SCOTLAND 335 Angus Logan 1.1. Introduction: the hire successionis action Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs and the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases and recoverable losses Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, risk to life or to health. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 16. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN SPAIN 347 Mariano Medina Crespo and Maria Medina Alcoz 1. Death of the primary victim: securing compensation through the law of inheritance for losses suffered by the deceased Introduction: the action hire successionis Fatal accidents: recoverable losses Death of the primary victim due to causes unconnected with the conduct of the defendant Limitation periods for actions brought by the heirs and in criminal cases Proposed reforms. 2. Protection of secondary victims Death of the primary victim: protection of members of the family and other persons with close relationships General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Non-pecuniary losses in fatal accident claims Categories of compensatable losses Quantification Death of a foetus Injury suffered by the primary victim: living with an injured or disabled person Proposed reforms. 3. On-lookers and rescuers: witnessing a

13 FATAL ACCIDENTS IN EUROPE death, injury or risk to life or health of the primary victim On-lookers and rescuers: the right to compensation Compensatable injuries Proposed reforms. 4. Secondary victims, social security and other collateral benefits. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 17. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN SWEDEN 369 Henrik Sandell 1.1. Introduction: the action hire successionis Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits for actions by heirs or the estate. 2. Protection of secondary victims Death of the primary victim: protection of family members and close relationships of love and affection General principles Secondary victims entitled to claim compensation in fatal accident cases Pecuniary losses in fatal accident claims Loss of support (dependency) Funeral and burial expenses Non-pecuniary losses in fatal accident claims Categories of recoverable loss Quantification Factors to be taken into consideration when assessing loss Death of a foetus Non-fatal injury sustained by the primary victim: living with an injured or disabled person. 3. Bystanders and rescuers: witnessing the primary victim's death, injury, or a risk to life or to health. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation periods. 18. FATAL ACCIDENTS AND SECONDARY VICTIMS COMPENSATION IN SWITZERLAND 387 Martin Habliitzel, Volker Pribnow, Felix Riiegg and Herbert Schober 1. The law of succession Introduction Fatal accidents: recoverable losses Death of the primary victim from causes other than the defendant's conduct Time limits. 2. Protection of secondary victims Basic rules.

14 TABLE OF CONTENTS xxi_ General principles Indirect (secondary) victims as claimants in fatal accident cases Pecuniary losses in fatal accident claims Compensation for non-pecuniary losses Death of a foetus Relatives living with a severely injured person or invalid. 3. Bystanders and rescuers Right to compensation Recoverable losses. 4. Secondary victims, social security benefits and other collateral benefits Social security benefits Collateral benefits Private insurance payments. 5. Death of or injury to the primary victim: protection of economic relationships. 6. Secondary victims and limitation Periods of limitation of secondary victims Interruption of limitation periods. SECTION TWO COMPARATIVE OVERVIEW, EUROPEAN COURT OF HUMAN RIGHTS, APPLICABLE LAW and PROSPECTS FOR HARMONISATION 1. THE PROTECTION OF SECONDARY VICTIMS: A COMPARATIVE OVERVIEW 405 Siewert Lindenbergh General introduction. 1. Succession of the deceased's claim Introduction: the action hire successionis Recoverable losses which survive the death of the primary victim Introduction Loss of life perse Pecuniary loss suffered prior to death Non-pecuniary loss suffered prior to death Death by causes other than the defendant's conduct Time limits for actions hire successionis. 2. Protection of secondary victims Death of the primary victim General principles Dependency, and the right of secondary victims to claim for loss of support in fatal accident cases Spouses Unmarried partners Same-sex partners Children Brothers and sisters Parents and grandparents Other pecuniary losses in fatal accident cases Provision of care rendered gratuitously Funeral costs Nonpecuniary loss in fatal accident cases Death of a foetus Secondary victims in cases of non-fatal injury to the primary victim General principles Pecuniary loss, and claims for care, time and effort Emotional impact of injury on secondary victims. 3. Bystanders and rescuers. 4. Social security and other collateral benefits Social security benefits.

15 xxii FATAL ACCIDENTS IN EUROPE 4.2. Collateral benefits Private insurance payments. 5. Protection of economic relationships. 6. Secondary victims and limitation periods. 2. TRANSNATIONAL ACCIDENTS, FATALITIES AND SECONDARY VICTIMS: JURISDICTION AND APPLICABLE LAW 439 Philip Mead 1. Introduction. 2. Jurisdiction Transnational road traffic accidents Foreign employment. 3. Proper law of the tort. 4. Potential scope for harmonisation. 3. WHAT PRICE A HUMAN LIFE? - THE APPLICABILITY OF HUMAN RIGHTS TO FATAL ACCIDENT CLAIMS 449 Philomena Creffield 1. Introduction. 2. English law. 3. Human rights and English law. 4. PROTECTION OF SECONDARY VICTIMS IN THE 'EUROPEAN LABORATORY' OF THE STRASBOURG COURT AND PROSPECTS FOR HARMONISATION 457 Marco Bona 1. Introduction: divergences and harmonisation. 2. The protection of secondary victims in the 'laboratory' of the European Court of Human Rights The applicable ECHR rights The ECHR compensation system in fatal accident cases The goal of compensation: 'just satisfaction' as discretionary compensation Action iure successionis and action iure proprio: an unclear distinction under ECHR case law Recoverable losses: the distinction between pecuniary damage and non-pecuniary damage Pecuniary damages Pecuniary damages recoverable iure successionis Pecuniary damages recoverable iure proprio Non-pecuniary damages recoverable iure successionis by the heirs: loss of life A. Non-pecuniary damages recoverable hire proprio by secondary victims Non-fatal accident injuries Punitive, exemplary and aggravated damages Overlap between national compensation and ECHR awards Taxation and attachments: the principle of intangibility of non-pecuniary damages ECHR redress principles: a compensation system still under construction The Strasbourg redress system as a model for Europe? 3. Towards the development of common principles in fatal

16 TABLE OF CONTENTS xxffl accident cases and the compensation of secondary victims: Council of Europe Resolution no and ECHR case law as a starting point for harmonisation Fatal accidents: secondary victims' right to claim compensation for pecuniary losses Fatal accidents: secondary victims' right to claim compensation for non-pecuniary losses as a matter of policy The category of secondary victims entitled to claim compensation: a minimum basis for harmonisation The foundation of secondary victims' redress protection: a question of policy Non-pecuniary losses: the substantive content of this head of loss The assessment of secondary victims' non-pecuniary damages: searching for the key principles Non-fatal injuries to the primary victim: secondary victims' right to claim compensation for nonpecuniary losses Action hire successionis: is there any common ground? 3.5. Punitive, exemplary and aggravated damages: no space yet for harmonisation. 4. Final remarks. APPENDIX COMPENDIUM OF ECHR CASE LAW ON FATAL ACCIDENTS COMPENSATION 523