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Compensation for the death of a family member · SPD Advocacia

Did you lose a family member through someone's fault? The family is entitled to compensation

Death in a traffic accident, medical error, work accident, fall or government failure. Careful and confidential service throughout Brazil.

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What compensation does the family receive when someone dies through another person's fault?

The Brazilian Civil Code provides for payment of the victim's treatment expenses, the funeral and the family's mourning, plus a pension to the people the victim supported, considering the victim's probable life expectancy. Close relatives can also claim moral damages for the loss. When the death occurs in public care, in transport or in a consumer relationship, liability may fall on companies or the government, with no need to prove fault.

What the law says

When compensation is due

Funeral and mourning

Expenses for treatment, funeral and the family's mourning.

Pension

For those who depended on the victim, according to the victim's income.

Moral damages

For close relatives, for the loss.

Liable party

A person, company, insurer or the government, depending on the case.

Source: Brazilian Civil Code, arts. 186, 927 and 948; Brazilian Federal Constitution, art. 37, § 6.

What is your case?

Situations the firm handles

Traffic accident

Death in a crash or being run over

Compensation against the driver, the vehicle owner or the company.

Civil Code, art. 948
Medical error

Death in a hospital or clinic

Liability of the professional, the hospital or the public entity.

Civil Code, art. 951
Work accident

Death at work

Lawsuit against the employer, in addition to INSS benefits.

Case review
Government

Public service failure

Liability of the State, the city or the Federal Government.

Constitution, art. 37, § 6
INSS survivor's pension

Social security benefit

Can be received together with the compensation.

Law 8.213/1991
Minor children

Pension until adulthood or graduation

Amount and duration set according to case law.

Case review
This page provides general information, does not replace a review of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Case review. We check what happened, who is liable for the damage and the deadline to claim.
  2. Evidence. We guide you on reports, photos, police report, receipts and witnesses.
  3. Settlement or lawsuit. Notice seeking a settlement and, if there is no solution, a compensation lawsuit.
  4. Follow-up. Expert examination, hearings and collection of the amount awarded.
5,000+ cases handledTen years of practicePractice before the STJ and STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let us review your case

Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary by WhatsApp. Everything is protected by professional secrecy.

Common questions

Frequently asked questions

Who can claim moral damages?

As a rule, the spouse or partner, children, parents and siblings. Other relatives depend on the case.

Does the INSS pension prevent compensation?

No. They are different rights and can be received together.

Does the probate need to be finished first?

No. Family members claim in their own name the damage they suffered.

What is the deadline to claim?

As a rule, the compensation lawsuit must be filed within 3 years (Civil Code, art. 206, § 3, V). In consumer relationships, the deadline is 5 years (Consumer Code, art. 27). Against the government, 5 years (Decree 20.910/1932).

Do you serve clients from other states?

Yes. The firm serves clients from all states and abroad online.

How much does it cost?

After the review, the firm sends a written fee proposal, before any engagement.

Lawyer for compensation for the death of a family member in Brazil

SPD Advocacia assists families who lost a relative in accidents, medical errors, work accidents or government failures, with claims for pension, expenses and moral damages.

What the law guarantees the family

In the event of death, article 948 of the Brazilian Civil Code provides for payment of the victim's treatment expenses, the funeral and the family's mourning, and support payments to those the victim supported, considering the victim's probable life expectancy, without excluding other compensation, such as moral damages.

Service throughout Brazil

The firm serves clients from all states and abroad online.

Informational content, in accordance with OAB Provision 205/2021. Each case depends on a review of the documents, and no result is promised.

Responsible lawyers

  • Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
  • Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
  • Eduardo Prado OAB/GO 59.836 · criminal and electoral law

Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →