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  #21  
Old 30.01.2012, 10:44
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

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i think its too low the car wo killed my father is more expinsive,thats the worth of a life
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Swiss law is guided by the principle that you shouldn't be better off after the accident than before (that is the meaning of the word "compensation"). So lifetime earnings + medical bills + longtime care bills it is as compensation.

What you are really looking for is monetary compensation for "pain and suffering" AKA "reparation morale" or "Genugtuung". This has nothing to do with how expensive the car involved in the accident is.
As Tom says, punitive damages (i.e. compensation amounting to millions of $$$) for moral grief as featured in US law and often seen on TV are not part of Swiss legal practice.

The value of the offending car has nothing to do with compensation - a while ago people were killed when a military jet crashed and the compensation was far below the market value of the jet (ca. 50k CHF compensation if I remember well).
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  #22  
Old 30.01.2012, 12:43
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Re: a live worth

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no they war just passing trough ch.!MY lawyer told me about a insurance will pay but i think its too low the car wo killed my father is more expinsive,thats the worth of a life???or the better question the insurance pays only his lifetime incomes??but the fact that he was killed in the accident doesnt pay??y need to know because y dont want to be trickt be the insurances

Please get in touch with the organization that was posted YJT. They will help you deal with things here in Switzerland.

Then you need to get in touch with any insurance at home if he has life insurance or work related insurance. It's very difficult when something like this happens to try to piece together all the insurance papers, etc.

Perhaps you also have a group like that in your home country.

Again, I'm sorry for your lose.
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  #23  
Old 30.01.2012, 15:40
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Re: a live worth

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MY lawyer told me about a insurance will pay but i think its too low the car wo killed my father is more expinsive ...
Listen to your lawyer. The law is quite clear on what can be claimed:
a. Damages for homicide
b. Damages for personal injury
c. Satisfaction

However, the amounts awarded by the courts as "satisfaction" for death are comparatively low and depend very much on the individual circumstances. Your lawyer should be able to explain what the general bandwidth is.
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  #24  
Old 30.01.2012, 16:10
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

You have to be very, very patient, strong and enduring. Unfortunately, the police report is only part of the deal. It can take a very long time until the case goes in front of a judge and even longer until it is finally settled.

First, the case will be heard by a local judge.
Second, if your family or the accused appeal the case will be go to the cantonal court.
Last, the final court of appeal will be the federal court in Lausanne.

To get an impression of the time frame: The deadly speeding by the "Raser von Schönenwerd" happened 8. November 2008 the first court hearing was 27.September 2010, the sentence was published a month later. And that was just the first court.

My advice, as the others said: Get in contact with Road Cross.
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  #25  
Old 30.01.2012, 16:18
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

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Second, if your family or the accused appeal the case will be go to the cantonal court.
Actually the family cannot appeal, as the suit will be filed by the prosecutor's office.
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  #26  
Old 30.01.2012, 16:53
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

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Actually the family cannot appeal, as the suit will be filed by the prosecutor's office.
I agree and disagree with your view Art. 81 Abs. 1 lit. b 5 BGG gives the legitimation to appeal.

But there is a major problem in the wording of this article which is related to this case: One can only appeal if he has "Zivilansprüche" meaning seeking compensation from a civil person. As the military is involved it can get very ugly. For ex. the federal court ruled that one has no "Zivilansprüche" against the public transport system. See this NZZ article (Sorry german only)
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  #27  
Old 30.01.2012, 17:09
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

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I agree and disagree with your view Art. 81 Abs. 1 lit. b 5 BGG gives the legitimation to appeal.
To appeal in federal court if they were seeking compensation from the counterparty which means they should have filed civil suit separately in the first place.

But I like the legalese "I agree and disagree".

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But there is a major problem in the wording of this article which is related to this case: One can only appeal if he has "Zivilansprüche" meaning seeking compensation from a civil person.
Which we agree does not pertain to the penal case filed by the public prosecution...

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As the military is involved it can get very ugly. For ex. the federal court ruled that one has no "Zivilansprüche" against the public transport system. See this NZZ article (Sorry german only)
Irrelevant. See here.
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  #28  
Old 30.01.2012, 17:27
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

Much harder for a foreigner without knowledge of command of the language/s to deal with such an ordeal. A friend of mine was killed by the stupidity and arrogance of a Military Officer (in an avalanche) and fighting the 'machine' was extremely hard bordering on the impossible, sadly. He was young without dependents though.
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  #29  
Old 30.01.2012, 17:47
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Re: Road Traffic Accident Fatality & Injury Compensation Advice Requested

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Much harder for a foreigner without knowledge of command of the language/s to deal with such an ordeal..
Which is why the OP needs to speak to a lawyer in the Canton where the accident happened.
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