Austrian court rules on father’s emotional trauma claim after son’s tragic death
In a recent Austrian civil case, a father sought compensation for emotional trauma following the death of his son. The Graz Higher Regional Court recently delivered a final ruling in this unusual case.
The father and son shared a strong bond, with the son continuing to live with his father even after starting work. Tragically, the son's life was cut short in a car accident, leaving the father devastated.
The father initially sought €12,000 in damages for pain and suffering from the lower court, which he was awarded. However, the case took a unique turn when the father appealed the maintenance ruling. He argued that potential future health costs could exceed his pension, potentially placing a financial burden on him.
The Austrian Civil Code allows children to be obligated to support their parents financially under certain conditions. The father believed his son should have been legally required to support him in the future. However, the Leoben Regional Court ruled that the son was unlikely to have been legally obligated to do so.
The father then turned to the insurer, seeking compensation for emotional trauma and potential future support. The Graz Higher Regional Court upheld the decision, finding no evidence that the father's pension would be inadequate. The final, binding judgment absolved the insurer of any obligation to act as a surrogate son.
The Graz Higher Regional Court's final ruling brings closure to this complex case. The father was awarded €12,000 in damages for his emotional trauma, but the insurer was absolved of any future support obligations. The court's decision highlights the limits of legal recourse in such emotionally charged situations.
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