Austrian Father Loses Legal Fight Over Son’s Death and Future Support Claims
A close-knit Austrian family has been at the centre of a legal battle following the tragic death of their son. The father, seeking compensation for emotional trauma and future support, took his case to the courts, but a recent ruling has brought the matter to a close.
The case revolved around the interpretation of the Austrian Civil Code, which states that children may be obligated to support their parents financially if the parent cannot support themselves and the child has the means. The father argued that his health could deteriorate, potentially incurring high costs, but the Graz Higher Regional Court upheld the initial ruling.
However, the Leoben Regional Court later ruled that the son was unlikely to have been legally required to support his father. The court considered the father's fixed pension and the son's modest income, deeming it unlikely that the son would have been obligated to provide future support. The lower court also awarded the father €12,000 in pain and suffering damages for his psychological distress and diminished quality of life.
The final, binding judgment absolved the insurer of any obligation to act as a surrogate son and provide future support. The motor vehicle liability insurance, however, covered funeral expenses as the son was a passenger in the car accident that took his life. Despite the legal outcome, the profound despair caused by the son's death remains with the father, who sought compensation for the emotional trauma.
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