MEDICINE, LAW & SOCIETY 
Vol. 16, No. 1, pp. 87–122, April 2023  
 
https://doi.org/10.18690/mls.16.1.87-122.2023 
© 2023 University of Maribor, University Press  
 
  
 
THE LOSS OF A CLOSE PERSON – 
INTERSECTIONS BETWEEN LAW AND 
PSYCHOLOGY. CASE OF POLISH LAW 
  
Accepted  
16. 10. 2022 
 
Revised 
24. 11. 2022 
 
Published 
26. 4. 2023 
MARLENA DRAPALSKA-GROCHOWICZ 
University of Silesia, Katowice, Poland 
marlena.drapalska-grochowicz@us.edu.pl 
 
CORRESPONDING AUTHOR 
marlena.drapalska-grochowicz@us.edu.pl 
 
Keywords 
close person, 
legal closeness,  
grief, law and 
psychology,  
material closeness 
Abstract The Polish legislator allows for compensation for the 
harm suffered due to the death of close person resulting from 
a tort (for example, a car accident). The basis for such claims 
is Article 446 § 4 of the Polish Civil Code, which contains a 
vague expression “the closest family member.” Courts must 
therefore determine whether and how someone was close to 
someone. The language of the judicial justifications indicates 
that the courts do not determine proximity solely based on 
legal criteria. In this publication, I will analyze court decisions 
in which the scope of the vague expression “the closest family 
member” has been adjudicated. The analysis aims to establish 
the legal understanding of closeness in the indicated case and 
to determine whether and how references to psychology 
support it. 
 
 
88 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
“Someone was always, always here, 
then suddenly disappeared 
and stubbornly stays disappeared” 
(Szymborska 2012) 
 
1 Intrudaction 
 
When you type: “death of a close person” in your search engine, advice appears on 
how to come to terms with death, regain a sense of life and continue to function. 
The experience of the death of a close personis referred to as loss,1 a sense of 
emptiness, depression, grief, and suffering. This is also how many people view the 
death of a close person - as a traumatic life experience that cannot be foreseen and 
for which it is impossible to prepare oneself. 
 
In the context of consideration of death, the law is associated primarily with 
inheritance laws which, however, as a rule, regulate matters of property: they focus 
on the rules of distribution of the inheritance among the beneficiaries, ignoring 
matters of closeness between the living and the dead. In this paper a very different 
situation will be discussed in which closeness in a relationship broken by death is 
still fundamental for the law.  
 
The Polish legislator allows compensation for the harm suffered as a result of the 
death of a close person on the basis of Article 446 § 4 of the Polish Civil Code 
(hereinafter Article 446 PCC), which provides that: “The court may also award the 
immediate family members2 of the deceased an appropriate sum as monetary 
compensation for the harm suffered,”3 Compensation is intended to compensate 
for the harm (pain and suffering) caused by the death of an immediate family 
member as a result of a prohibited act (for example, car accident, medical error).  
 
This article analyzes the court decisions issued on the basis of Article 446 PCC. 
When issuing judgments on this basis, Polish courts are required to determine the 
existence of a relationship between the deceased person and the living person (the 
 
1 It is worth outlining here the Polish linguistic context of the word “loss” (pl. “strata”). One of its meanings is: “the 
unwelcome departure of a person from a close environment due to death or separation.” Entry: “strata” [in:] 
Żmigrodzki, P. (ed.). Wielki Słownik Języka Polskiego [The Great Dictionary of the Polish Language]. Retrieved 
from https://wsjp.pl/haslo/podglad/28558/strata/5122758/bliskiej-osoby (January 20, 2022).  
2 I will use this expression in the text interchangeably with „the closest family member” and “close person”.  
3 Article 446 § 4 of the Civil Code Act of 23.04.1964 (Journal of Laws of 2020.1740).  
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 89   
 
 
claimant), most often – a family member. The main focus of court findings is to 
determine if and how someone was close to someone else. Although claims under 
Article 446 PPC are very popular in Poland today, and that provision is the subject 
of extensive judicial decisions,4 it does not provide - as it initially seems - a 
systematic, consistent approach to interpretation. In the section of this article 
analyzing the case law, I will present the most distinctive and recurring 
argumentation elements. 
 
The paper will analyze the criteria courts use to determine the existence of closeness 
between a living claimant and a deceased close person. First, the paper will compare 
the legal and psychological understandings of closeness in the context of losing a 
close person. Then, sequentially, the paper will analyze (1) the characteristics of the 
elements of a close relationship and the meaning attributed to the loss of a close 
person from the perspective of psychologists; (2) the characteristics of a close 
relationship in the legal sense, and the legal effects produced by the loss of a close 
person; and, based on these findings, (3) whether courts consider the psychological 
perspective when determining the scope of the vague expression “immediate family 
member” and if so, how. If courts do not follow the findings of psychologists, then 
what is the source of knowledge on closeness for lawyers determining the claims 
under the above-mentioned provision? 
 
First, it is important to understand the characteristics of the main protagonist of this 
text a little more, that is Article 446 PPC. The solution adopted in in Article 446 
PPC is modeled on the former Article 166 of the Code of Obligations,5 which was 
repealed in 1965, because in the jurisprudence of the 1950s, there were numerous 
claims that it was wicked to seek compensation for the death of an immediate family 
member.6 For example, many questioned the ability of parents to seek redress for 
 
4 The LEX database shows that (as of January 25, 2022) 6975 were issued on the basis of that legal regulation.  
5 Article 166 of the Regulation of the President of the Republic of Poland of 27.10.1933 - Code of Obligations 
(Journal of Laws): “In the event of the death of an injured person as a result of bodily injury or health disorder, the 
court may award the immediate family members of the deceased or the institution designated by them an appropriate 
sum of money as compensation for the moral harm suffered by them.”  
6 Resolution of the Supreme Court (CI) of 29.01.1957, 1 CO 37/56, OSNCK 1958, No. 1, item 2: “A claim for 
compensation for moral harm under Article 166 of the Civil Code cannot be accepted when the harm consists 
exclusively in suffering due to the loss of a loved one, but is not connected with deterioration of the personal 
circumstances of the entitled person.” (...) This kind of compensation does not solve the issue satisfactorily, since it 
can only be measured with money, which is not suitable for estimating psychological experiences of a person.” 
90 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
the moral injury suffered following the death of their child.7 Objections were also 
raised against compensating for pain and suffering through financial gain.8  
 
The possibility of claiming compensation for the death of an immediate family 
member was finally restored in the Polish Civil Code in 2008. As the bill authors 
then indicated, the issue of compensation ceased to be controversial in the Polish 
law studies, while courts - without a clear standard - are conflicted regarding the 
appropriate grounds to use for determining the claims to compensate for the harm 
other than financial, related to losing a close person.9  
 
Why is the chosen example unique compared to other provisions of Polish law? 
First, because of the abnormal interruption of the parties' ability to continue their 
physical relationship, independent of their will. When a close relationship ends by 
divorce or separation, the law will generally no longer recognize such persons as 
close.10 The separation, after all, is by their will. The case at hand involves a different 
state of affairs - termination of the relationship occurs independently of the will of 
the individuals, as a result of sudden death caused by a prohibited act. 
 
The regulation is also unique because Polish law associates the death of a close 
person with the creation of several property privileges designed to make it easier for 
close person to live after the death of the deceased (for example, in situations where 
the deceased was the primary breadwinner in the family or the owner of the property 
in which the close person reside). For many of these situations, the content of the 
emotional relationship linking the individuals is irrelevant; all that matters is whether 
 
7 Judgment of the Supreme Court of 15.03.1963, I CR 151/62, LEX No. 1672863: “The Province Court's reasoning 
that the claimants are entitled to compensation because their personal circumstances have deteriorated as a result 
of the death of their 5-year-old child, is also completely misplaced. The age of the child and the lack of any realistic 
prospect of improvement of the claimants' lot once the child could start helping them does not allow, as is also 
evident from the cited resolution, to make such an assessment.” 
8 Resolution of the Supreme Court of 15.12.1951, C 15/51, OSNCK 1953/1, item 3; Government bill to amend 
the Civil Code Act and the Code of Civil Procedure Act, form No. 81, pp. 8–9: “For it was also supported by views 
questioning precisely the legitimacy of pecuniary compensation for harm in the event of the death of a loved one 
(represented also in other legal systems - for example, German, Austrian law), and this because of the negative 
assessment of the situation in which the death of a loved one becomes a source of pecuniary gain.” 
9 Act of 30 May 2008 amending the Civil Code Act and certain other acts (Journal of Laws 2008, No. 116, item 
731). As indicated in the government's justification of the bill, “since the possibility of redress exists in the case of 
violation of personal rights (...) «all the more so should such a possibility exist in the case of death of a loved one, 
which significantly affects the sphere of psychological feelings of the individual.” Government bill amending the 
Civil Code Act and the Code of Civil Procedure Act, print No. 81, p. 8.  
10 In principle, because it is possible to find regulations in the law that treat former spouses on an equal footing with 
current ones, for example, in the grounds for recusal of a judge by operation of law.  
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 91   
 
 
the deceased was someone's husband, father, etc. The situation is different in the 
case of Article 446 PCC - that provision obliges the courts to perform a deeper 
analysis of the emotional ties between individuals, and this is the relationship in 
which only one of the parties is still alive.11 One may, of course, ask why, when a 
death occurs in “natural” conditions, there is no possibility of seeking redress. The 
circumstances of death are of key importance here - in claims under Article 446 PCC, 
death occurs in an unnatural way, as a result of the actions or omissions of a third 
party. 
 
2 Close Relationships From A Psychological Perspective 
 
Here we will evaluate two primary considerations. The first question is how 
psychologists determine that a relationship is close, while the second is how the 
interruption of a close relationship as a result of death affects surviving individuals. 
 
2.1 What does a “Close Relationship” Mean?  
 
No single, universal understanding of close relationships has been developed in 
psychology.12 The terms “closeness” or “close relationships” appear most often in 
the context of issues involving romantic relationships, friendships, or family 
relationships (marriage, parenting, family), but these are only labels of closeness. The 
mere indication that, for example friendship, is a close relationship, fails to answer 
the basic question: what does it mean that someone is close to another person (Clark 
& Lemay, 2010, p. 899)? 
 
The very act of calling someone one's beloved or friend, already provides some 
relevant information (the individual identifies the person as close), but does not 
answer the question of what closeness in a relationship is. Adital Ben-Ari and Youve 
 
11 On the basis of that provision, even a former spouse or a separated spouse may be considered a relative provided, 
of course, that they can prove that they had been really close to the deceased. Judgment of the Supreme Court of 
22.02.2018, I CSK 377/17, LEX No. 2484752: “A former spouse may be considered the closest family member of 
deceased person if, despite formal dissolution of the marriage, the former spouses re-started living together as 
husband and wife, demonstrating a close personal, physical, emotional and economic relationship that was visible 
to those around them, similar to the relationship existing in a properly functioning marriage (...). This possibility is 
excluded if the deceased person has married another person, as in the case at hand, where, in addition, the former 
spouses did not maintain close personal contacts with each other on a regular basis, did not spend free time, holidays 
or family celebrations together, and were in fact bound only by their child”. 
12 The term “close relationships” is often used by psychologists; characterizing the “essence” of the term, however, 
is difficult (Parks & Floyd, 1996, p. 86; Register & Henley, 1992, p. 467). 
92 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
Lavee indicated that closeness is conceptualized as an emotional trait (feeling close 
to someone), referring to essentially stable, enduring relationships based on positive 
interactions. From that point of view, the quality of the relationship, the level of 
intimacy, trust, and commitment, will be evaluated as characteristics of stable 
relationships that are resilient to day-to-day changes (Ben-Ari & Lavee, 2007, p. 640). 
Psychology lists several key criteria for determining that a relationship is 
characterized by intimacy.  
 
2.1.1 Interdependence  
 
The basic prerequisite for the existence of close relationships is interaction, which 
involves individuals influencing each other and leading to interdependence between 
them13 (Regan, 2011, p. 5). One person's behavior (i.e., how they act, think, or feel) 
influences another person's behavior (i.e., how they act, think, or feel) and vice versa. 
However, interdependence can also arise, for example, in relationships with 
supervisors or co-workers, which does not yet mean that we can call these 
relationships close. To speak of closeness, interdependence needs to be 
complemented by two further factors: (1) uniqueness and (2) mental representation 
of the person.  
 
To recognize the existence of the first factor, interactions must be unique in some 
way to the two people involved. The pattern of their interactions must differ from 
the interactions each of them has with other individuals and from the patterns of 
interaction in the groups to which they belong (for example, work-related). In order 
to recognize the second factor, individuals must create a mental representation of 
their relationship (known as a ‘relationship schema’), i.e., in their mind they must 
retain a history of previous interactions with the given person. It is this “historical 
warehouse” of the interaction of a particular relationship that allows individuals to 
react to each other in unique ways not based on learned roles. An individual reacts 
differently to their best friend than to other people. For example, friends - through 
shared history, future - easily recall information about each other's character and 
behavior. That mental “warehouse of knowledge” affects day-to-day interactions 
and is permanently present in them. Researchers use the term “close relationships” 
 
13 “Interaction is a necessary condition for a relationship to exist. This means that if two people seldom interact they 
do not have much of a relationship, and if there is no interaction whatsoever then there is no relationship —
regardless of what they themselves might say or wish to believe” (Regan, 2011, p. 5). 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 93   
 
 
only for relationships that meet the above conditions. The respective relationships 
vary in the nature and degree of intimacy present in them. Recognition of what may 
be indicative of closeness is aided by making a distinction between two dimensions 
of closeness: the behavioral dimension and the subjective one.  
 
2.1.2 The behavioral dimension of close relationships 
 
The behavioral dimension of close relationships refers to the interactions that occur 
between specific individuals and the degree to which these individuals exhibit high 
interdependence (Regan, 2011, p. 11). It is an externally observable dimension of the 
relationship that can be assessed based on objective criteria. The Relationship 
Closeness Inventory (hereafter: RCI) is used to identify that dimension of a close 
relationship (Berscheid, Snyder & Omoto, 1989, pp. 792–807). Ellen S. Berscheid 
and her colleagues developed that form to simplify the assessment of closeness in 
relationships (the back-to-basics approach). To go back to basics in this case is to 
establish “what one sees and hears,” as if from the perspective of a visitor from outer 
space, unaware of the complexity of human relationships (Swails & Bowerman, 
2020, p. 146). Thus, the form asks questions about easily observable issues, i.e., 
frequency of interactions, their variety, impact of individuals on each other, and 
duration of relationships. 
 
2.1.3 The subjective dimension of intimate relationships  
 
The subjective dimension of intimate relationships also includes the emotional bond 
that connects individuals, i.e., love and intimacy. Most often, this dimension is 
assessed on the basis of self-definition - the individual himself or herself indicates 
that he or she considers a particular relationship to be close (Regan, 2011, p. 11). 
The Inclusion of Others in Self (hereafter: IOS) scale is helpful in characterizing this 
type of relationship (Aron, Aron & Smollan, 1992, pp. 596–612). Closeness as 
measured under IOS is seen as a merging of the self that results in a sense of oneness 
in the individuals in the relationship. The IOS scale can be used to determine the 
extent to which a person feels connected to another.  
  
94 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
To assess the existence and degrees of closeness (close, closest), the subjective 
quality of the interaction between individuals is crucial - that is, whether in the 
individuals' discernment their relationship is good and meets their needs 
(Doroszewicz, 2008, p. 9). 
 
These initial intuitions about the psychological understanding of close relationships 
already show that it is such a relationship that is considered special and unique. Stable 
and enduring close relationships can be one of the important factors that contribute 
to enhancing individuals' sense of well-being (Leary & Baumeister, 2000, p. 11).14 
When asked what makes their lives valuable, individuals often point specifically to 
close, intimate relationships with others (Simpson & Tran, 2006, p. 3). According to 
many authors, it is close relationships that give meaning to human existence and are 
its purpose (Finkel & Simpson, 2017, pp. 383–411; Doroszewicz, 2008, pp. 5–18; 
Baumeister & Leary, 1995, pp. 497–529; Deci & Ryan, 2014, pp. 53–73), affect the 
quality of life and the level of happiness (Crossley & Langdridge, 2005, pp. 107–135; 
Suwalska-Barancewicz, 2016, pp. 11–13), and the psychological well-being of 
individuals (Slatcher & Selcuk, 2017, pp. 16–21; Pietromonaco, Uchino & Schetter, 
2013, pp. 499–513). In the text, I deliberately omit issues related to attachment 
(attachment styles), because such a broad issue would require a separate study.  
 
2.2 How the Death of a Close Person Affects an Individual 
 
The interruption of a close relationship through death is associated with a sense of 
loss and being orphaned. Bereavement is a natural response to the loss of a close 
person, a reaction to the severing of ties with another person, but also to the loss of 
a part of one's “inner world and identity co-created with the deceased” (Stencler, 
2015, pp. 47–56). Sigmund Freud saw a similarity between mourning and the state 
of melancholia, which is characterized by a lowering of mood, a loss of interest in 
the outside world, and a full awareness of the impossibility of replacing the lost 
object of love with another one (Freud, 1992, pp. 20–30). Freud wrote about the 
withdrawal of emotional involvement that the individual directed toward the 
deceased person. The individual regains freedom only when the process of 
 
14 “People appear to be particularly predisposed to seek and maintain personal relationships that are characterized 
by stability, affective concern, frequent contact, and continuation into the foreseeable future” (Leary & Baumeister, 
2000, p. 11). 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 95   
 
 
detachment is complete. Mourning is a process of returning to normal life, without 
the close person15 (Freud, 1992, pp. 20–30): 
 
“the need to abandon the object and to withdraw libido from it does not occur 
suddenly - the process is extended over time, gradual, with an enormous expenditure 
of cathectic energy. During this process, the existence of the object is extended - it 
continues to exist, against a reality that is difficult to accept, in the grieving psyche 
[...] And when the grieving process is complete - the Ego becomes free and 
uninhibited again.” 
 
The withdrawal of feelings from a close object, i.e., also grief, is experienced by 
individuals on an emotional and physical level. It manifests itself in somatic 
complaints (weakness of the body), feelings of guilt, chaotic actions, and irritation 
related to the presence of others (Lindemann, 1994, pp. 141–149). The intensity of 
experiences after the death of a close person is usually related to the characteristics 
of the deceased, the characteristics of the grieving person (age, health), and the 
quality of the bond the person had with the deceased16 (Field, 2016, p. 1). One might 
also ask how bereavement occurs when individuals have been in a difficult 
relationship based on negative interactions17 (for example, related to violence). 
Bereavement in such cases is referred to as problematic grief, because it can involve 
feeling different, opposing emotions (fro example, understanding the deceased while 
also blaming him or her) (Lin, Servaty-Seib & Peterson, 2019, p. 2). An individual 
who has been a victim of violence by the deceased may also experience relief, 
reduced anxiety, freedom (Lin, Servaty-Seib & Peterson, 2019, p. 3). These kinds of 
feelings are rarely treated in the society as an acceptable way to experience someone's 
death.18 This situation, as well as others in which the individual is not grieving as he 
or she “should” according to social perceptions, can be referred to as 
disenfranchised grief, or “a loss that is not or cannot be openly acknowledged, 
 
15 “Reality shows that the loved object does not exist, which requires the withdrawal of all libido from it. This 
requirement causes understandable opposition - it is well known that people are reluctant to abandon their libido 
positions, even when a substitute for the object is nearby. Opposition can be so strong as to cause withdrawal from 
reality”. 
16 The loss of an individual can be much more complex here: “In addition to the loss related to bereavement, there 
are the many losses associated with experiences of abuse and neglect, including a damaged self-image, self-blame 
relating to abuse and neglect, mourning the lack of protection and safety, the impact to future formation of 
relationships, and the capacity to trust, just to name a few” (Field, 2016, p. 1).  
17 This includes, for example, relationships that can be described as ambivalent or those that are “generally marked 
by mixed, opposing, and often contradictory feelings”.  
18 More broadly on the need for a shift in the paradigm of grief (Elison & McGonigle, 2004).  
96 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
publicly mourned, or socially supported”19 (Corr, 1999, p. 2). This type of grief can 
also be experienced in relationships that were not socially acceptable, and the 
participants kept it hidden. 
 
Experiencing the death of a close person can manifest itself in at least two different 
attitudes. The first one - “disconnection and continuing bond” - involves a focus on 
the deceased. The individual continues the patterns adopted by the deceased (values, 
judgments, goals) and often appeals to his or her judgments, authority. Emotional 
ties can also be maintained after the death of a close person in an altered form. 
Developing them allows individuals to come to terms with the loss of a close person 
by preserving their memory. The close person is no longer physically present, but 
this does not prevent a spiritual connection with him or her. The memory of a close 
person changes over time - memories are viewed through the diverse contexts of 
our lives. Thus, it can be said that death does not end a close factual relationship, 
but reduces it to what underlies it - an emotional bond that takes a different form 
than before. This approach is associated with a model of grief called continuing 
bonds20 (Currier et al., 2014, p. 202). The individual thus wants to maintain a 
personal relationship with the deceased loved one through his or her mental image. 
After the death of a close person, the relationship continues, but the primary role 
will be played by the mental representation of the deceased and his or her uniqueness 
rather than actual interactions (Klugman, 2006, p. 250).  
 
The second attitude is one of “termination and personality enrichment.” Here, the 
individual treats the death of a close person as a formative experience that 
simultaneously provides a premise to begin a new life (Ogryzko-Wiewiórkowska, 
1991, p. 72). The individual becomes accustomed to their own mortality, but tries to 
treat the death of a close person as a resource, an inspiration to continue living21 
(Moss & Moss, 1984, p. 73). 
 
 
19 This is well illustrated by the statement quoted by the author: “I just don’t see why you should be so upset over 
the death of your ex-husband. He was a bum, you hated him, and you got rid of him years ago. Why cry over his 
being gone for good?”.  
20 It involves “ongoing memory and connection between a bereaved individual and the deceased loved one that can 
be maintained over time.” More on this topic in Klass, Silverman & Nickman, 1996. 
21 “As the bond is loosened, the child can reevaluate the dynamics of the tie and its personal meaning and come to 
a better understanding of who he was and who he is in the process of becoming. This calls for a shift in identity, in 
finding one’s true roots, and in being less an extension of parents. Some may find the strength to discover and 
modify the legacies of their parents and value their own difference and creativity. Thus, loss of a parent may 
potentially free the person to trust more in the self and to risk new behavior” (Moss & Moss, 1984, p. 73). 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 97   
 
 
As can be seen from the above, an individual has to go through a certain path by 
which they will be able to return to a normal life after the death of a close person. 
This path is not always smooth. The literature distinguishes between normal and 
abnormal (complicated) course of the grieving process. In the case of the normal 
process, the individual comes to terms with the loss of a close person and adjusts to 
life in the new reality. Factors that influence the proper course of grief include age, 
health status, personality traits, attachment style of the individual, degree of 
closeness to the deceased, and circumstances of death.  
 
As for “complicated” bereavement, it involves the occurrence and development of 
depression, an established state of deterioration in an individual’s quality of life. 
People experiencing complicated bereavement cannot come to terms with the death 
of a close person, they want them back, and that longing becomes the main motive 
of their life (Brudkiewicz, 2021). A new category has been introduced in the ICD-
11 classification: "prolonged grief disorder" (6B42). The complicated course of grief 
shows some similarities to PTSD (post-traumatic stress disorder), especially with 
respect to experiencing emotional numbing (Tofthagen et al., 2022, p. 2). In other 
respects, the complicated course of mourning and PTSD differ (Bonnano et al., 
2007, p. 349). For bereavement, the central experience is yearning, loss, or 
emptiness, not the key components of PTSD. However, the ICD classification 
emphasizes that “[s]imilar to Post-Traumatic Stress Disorder, Prolonged Grief 
Disorder may occur in individuals who experience bereavement as a result of the 
death of a close person occurring in traumatic circumstances.” As indicated in the 
ICD-11's characterization of PTSD, its symptoms can occur when an individual is 
directly exposed to a dramatic experience, and such include “witnessing the 
threatened or actual injury or death of others in a sudden, unexpected, or violent 
manner.” Such situations may occur in the example analyzed in the paper. For the 
occurrence of a prolonged grief, it is important what kind of relationship the 
individual had with the deceased and the social support he can count on after his 
death (Hibberd et al., 2010, p. 443). Also of some importance in such cases may be 
how the living person was notified of the death of the close person. (Stewart, 1999, 
pp. 289-321). 
  
98 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
3 Close Relations From The Perspective Of The Polish Legislator 
 
The Polish legislation draws a distinction between two basic, but quite different, 
approaches to closeness: formal (formal closeness) and substantive (substantive 
closeness). Therefore, when asking the question what conditions must be met in 
order to be recognized as a close person by the Polish law, the answer depends on 
which approach is used. A person considered close on the basis of formal closeness 
may not be considered close on the basis of substantive closeness.  
 
The formal understanding of closeness (formal closeness) is a type of legal closeness, 
where people in a legally formalized relationship (marriage, parenthood, kinship, 
affinity, adoption, etc.) are considered close. In this type of intimacy, we focus on 
the legal form of the relationship (marriage, kinship, affinity) rather than its content, 
which is why it is called “formal”. Scope definitions and inductive definitions are the 
legislative techniques used to define formal closeness. 
 
The substantive understanding of closeness (substantive closeness) means a type of 
legal closeness, where persons who are in a relationship (legal or factual) with each 
other, involving certain factual ties, relevant from the perspective of the legal 
provision being analyzed, are considered to be close. Emotional bonding plays a 
special role here. In substantive closeness, we focus on the content of the 
relationship rather than its legal form, which is why it is called “substantive”. From 
a legislative perspective, substantive closeness is introduced into legal acts by means 
of vague terms, including vague terms with an indication of the necessary elements 
of scope.  
 
The following part of the paper focuses on analyzing one case of substantive 
closeness - the vague term “immediate family member” used in Article 446 PPC.  
 
4 Close Relations From The Perspective Of The Polish Legislator 
 
Courts perform several operations when applying Article 446 PPC. They first assess 
whether the claimant can be considered a family member of the deceased (4.1). 
Then, they establish the circumstances to determine the extent of the harm (4.2). 
Harm is a legal term for the condition that arises after the loss of an immediate family 
member, among other things. The findings regarding the extent of the harm focus 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 99   
 
 
on: determining the content of the claimant's relationship with the deceased person 
and on the course of mourning after the death of a close person. In the first case, it 
will be a matter of the type and intensity of the bond between the injured party and 
the deceased person (fulfillment of needs in the relationship, uniqueness of the 
relationship in the life of the individual, irreplaceability), while in the second case the 
following will be assessed: the dramatic gravity of the experiences of the close 
person, the sense of loneliness and emptiness, the moral suffering and mental shock 
caused by the death of the close person, the support found in other close people, 
the treatment of the trauma suffered, and the duration of mourning. 
 
When determining the extent of the harm, courts also evaluate the individual 
circumstances of the claimant (age of the person entitled to compensation, their state 
of health, the extent to which the injured party will be able to find himself or herself 
in the new reality and the ability to accept it) and of the deceased (age, role in the 
family played by the deceased).  
 
4.1 Who is a Family Member?  
 
Courts typically begin the process of analyzing the phrase “immediate family 
member” by observing it is not defined and is in need of clarification.  
 
There are three traditions of understanding the expression “family member.” 
Supporters of the first (minority) approach claim that the key is the existence of legal 
ties between the claimant and the deceased, i.e., marriage, kinship, affinity, adoption. 
They emphasize that the expression “family member” can have only the meaning to 
which the legislator itself refers. Unfortunately, however, the Polish legislator does 
not define the term “family” in a universal way throughout the Polish legal system, 
and the respective understandings differ from each other.  
 
In the second approach, legal ties are only ancillary, not decisive, in determining 
whether a claimant is a family member. Some importance is also attributed to the 
mere intention to establish a legal bond (for example, intention to marry).22 
 
22 Judgment of the Appellate Court in Gdańsk of 13.11.2012, V ACa 849/12, LEX No. 1313253: “The claimant 
indicated that, as a result of the accident, she lost her fiancé, with whom she had formed a happy couple for several 
years. They had a church wedding date set and were putting money aside for the cost of the wedding ceremony. 
They shared a household together and considered building a house. The event (...) derailed her life plans.” 
100 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
According to the third, dominant view, the family is a group of people connected by 
factual and permanent ties.23 Thus, for purposes of determining whether a claimant 
is a family member, the key issue here is factual ties, not legal ones. Factual ties, in 
turn, consist of not only the emotional ties and the behavior associated with them, 
but also economic and physical ties. It would be an oversimplification to say that 
legal ties are immaterial within the third view. The existence of a legal bond between 
individuals (fro example, marriage), is considered by the court as a significant 
indicator but is not the sole indicator. The existence of a legal bond must be 
complemented by the existence of a factual bond. Therefore, courts evaluate the 
behavior of individuals in a relationship and, on that basis, determine whether 
individuals can be considered a family member.  
 
The following discussion focuses on the third approach mentioned above. Since we 
already know that family members treated as relatives are persons connected by 
factual ties (in particular emotional ties), the question becomes what kind of ties they 
should be in order for their interruption by death to be recognized as constituting 
legal harm. Courts utilize a multifactorial approach to estimate the extent of harm of 
the relationship between the deceased and the claimant.  
 
4.2 Extent of harm 
 
4.2.1 A good and a bad close person 
 
Close persons are most often considered to be people who have shared positive, 
non-pathological relationships. A close one is a person who provided for certain 
needs of the claimant(s): “The concept of family cannot be limited to only spouse, 
ascendants, descendants and in-laws. Also, a cohabitation of several years, in which 
both cohabitants' financial and emotional needs, aspirations for self-actualization 
and a sense of security were met, should be considered a family.”24  
 
 
23 Particular attention should be paid to the statement of the Supreme Court from 2005, which has been repeated 
in other judicial decisions: “in defining the concept of 'family’, the following criteria may be used: kinship, marriage, 
adoption, affinity, foster family and living in a common household. Thus, one can approve of the definition of 
family as the smallest social group, bound together by a sense of personal and economic closeness and commonality, 
arising not only from kinship”. See: Judgment of the Appellate Court in Łódź of 23.11.2018, I ACa 30/18, LEX 
No. 2625551; Judgment of the Appellate Court in Cracow of 16.12.2016, I ACa 970/16, LEX No. 2250197; 
Judgment of the Appellate Court in Gdańsk of 23.12.2014, I ACa 638/14, LEX No. 1665074.  
24 Judgment of the Appellate Court in Poznań of 2.06.2021, I ACa 377/20, LEX No. 3215837. 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 101   
 
 
Therefore, as on the grounds of psychology, from this perspective a close person is 
the person who meets the needs of a given individual in the relationship. 
Jurisprudence has framed these needs differently, with the needs most frequently 
cited including emotional ones (love, warmth), a sense of security, and financial 
needs.25 Close relationships are therefore seen as an important factor for 
determining the well-being of the individual, the quality of his or her life - the 
irretrievable loss of a close person is associated with a reduction in the standard of 
life. 
 
The courts are also sometimes confronted with non-obvious situations, in which the 
claimant or the deceased exhibited negative behaviors toward others or failed to 
meet the needs that make a close relationship positive for the well-being of the 
individual.26 These situations fit into the understanding of ‘problematic grief’ or 
‘disenfranchised grief’. These are very different cases.27 Illustrative cases include 
when a wife who was abused by her deceased husband sues for damages,28 when a 
 
25 Judgment of the Appellate Court in Cracow of 8.11.2019, I ACa 731/18, LEX No. 2974684. “The foster family 
provided the claimant with peace and a sense of security, as well as took care of the claimant's emotional and 
financial needs”, similarly, Judgment of the Appellate Court in Szczecin of 16.11.2017, I ACa 533/17, LEX No. 
2488765: “for the claimant, the father was the person with whom he felt strongly emotionally connected and who 
met his emotional and financial needs, gave him a sense of love, security and belonging.” 
26 This ambiguity of judgments is well illustrated by one court case, in which the deceased person was a father who 
was deprived of parental rights and absent for most of the claimant's (his daughter's) life. The child spent most of 
her life in institutional care. Her father appeared in her life after she was released from prison when she was less 
than 15 years old. Shortly (within a few days) after making contact with his daughter, he died in a car accident. The 
claimant demonstrated an emotional bond with her father, that she was the “apple of his eye”. The expert's opinion 
indicated that the claimant was experiencing longing and hopes related to her father's return, and was not 
experiencing an actual relationship. The court of the first instance nevertheless found that the father and daughter 
had an intimate relationship. The court of the second Instance disagreed with this view, “in fact, the father of the 
claimant was never a support for her, he did not give her the sense of security, love and care, during the period that 
was crucial for her proper psychological development, i.e. childhood and adolescence - in no way was he a role 
model and authority for the claimant, unfortunately he played a negative role in the claimant's family”. The claimant, 
on the other hand, experienced depressive disorders after her father's death related to the expectations and hopes 
she had for her father's return. Thus, the court awarded damages not because the father-daughter relationship was 
close, but because the claimant experienced her father’s death in a severe way. Judgment of the Appellate Court in 
Szczecin of 28.03.2018, I ACa 312/17, LEX No. 2668158. 
27 For example, the judgment of the Appellate Court in Gdańsk of 27.04.2017, V ACa 459/16, LEX No. 2362605: 
“the claimant not only did not live with his children, but also at an earlier period of their life behaved towards them 
in a highly reprehensible manner, psychologically abusing the entire family, not participating in their costs of living, 
not showing concern for their fate.(...) having regard to the findings of experts that the emotional ties between the 
deceased and the claimant were of formal character and there was lack of emotional closeness between the claimant 
and his children, it was impossible (...) to assume that the size of the harm suffered by the claimant was significant.”  
28 Judgment of the Appellate Court in Lublin of 28.08.2013, I ACa 298/13, LEX No. 1372348: “I. Ł. alleged [during 
the divorce proceedings - MDG] that there were criminal proceedings pending against C. Ł. for family abuse. She 
indicated that they did not live in harmony, her husband abused alcohol, beat her, and started violent arguments. 
(...) The claimant's allegations that despite her initiation of the divorce proceedings and dissolution of marriage she 
and C. Ł. continued to form a happy family are, in the opinion of the Regional Court, untrue and made only for the 
purpose of the present proceedings. (...) the former spouses were not connected by a special or close emotional 
102 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
child abuser who was deprived of parental rights claims compensation for the death 
of his or her children, or when minor children claim compensation for the death of 
their mother who did not take care of them.29 
 
Each of these example situations should be treated quite differently. Intuitively, 
awarding compensation to a person who abused their close person may in fact 
constitute acceptance of the abuser’s past behavior. The situation is quite different 
when compensation is sought by those who have suffered harm from the deceased 
- here compensation may be treated as the only “good thing” resulting from the 
relationship with the deceased.  
 
Regardless of the possible variations of the factual conditions that are examined by 
courts, what is common to each is that the court must determine whether the death 
of a particular person has affected the claimant's life and whether claimant has 
grieved. The court's primary problem may be evaluating the measure of the positive, 
normal aspects of the relationship and the negative, pathological ones, and 
determining which ones were predominant. The negative aspects of relationships 
are often used by defendants (often insurance companies) as an argument against 
claims of close person.30 Court decisions run in two directions - sometimes, even 
though the claimant has not grieved, claimant may end up with minimal 
compensation. In such situations, the mere loss of a family member, regardless of 
the actual relationship, is considered harm. At other times, the ambivalence of the 
relationship will result in dismissal of a claim on the grounds that the claimant 
(whether claimant-victim or claimant-perpetrator) has exploited the law.  
 
Examples of disenfranchised grief in the literature include situations where 
individuals are unable to manifest their grief because the relationship with the 
deceased - as socially unacceptable - has remained hidden. This may include grief 
over a deceased informal partner. Research of Polish jurisprudence failed to uncover 
any cases where compensation was claimed by the partner of a same-sex couple, 
perhaps due to the fear of stigmatization. Individuals do not make claims following 
the death of the partner in these situations because they are afraid to have the judicial 
 
bond for many years before C. Ł.'s death. The relationship between I. L. and her ex-husband remained deeply 
disturbed.” 
29 Also: Judgment of the Regional Court in Siedlce dated 23.10.2017, I C 63/14, LEX No. 2449997. 
30 Judgment of the Appellate Court in Katowice of 30.09.2016, V ACa 48/16, LEX No. 2139382. 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 103   
 
 
system evaluate their relationship. Meanwhile, the pursuit of claims by cohabitants 
of heterosexual relationships is quite common in Poland.31 Examination of the case 
law revealed no examples of factual conditions in which friendship was analyzed 
under Article 446, PCC.32 This is probably because friendship is treated in Polish 
law as a factual relationship with no legal dimension. 
 
4.2.2 Close in the Meaning of Irreplaceable and Unique 
 
Courts emphasize the irreplaceability of close relationships recognizing that the 
needs realized therein cannot be met in other relationships.33 
A distinction arises here. Courts recognize that the relationship between parent and 
child is indisputably irreplaceable. With respect to marriage, on the other hand, they 
assume that the surviving spouse can still establish another close relationship (and 
thus replace the one lost).34 Blood ties (parent-child) are thus considered stronger 
than those formed in marriage. Courts also note that a young child (for example, a 
2-year-old) does not grieve in the same manner as, say, an 11-year-old child.35 What 
is crucial, however, is the inability to develop a relationship in the future that is 
fundamental from the perspective of meeting the child's needs: “The extent of the 
harm to a young child suffered as a result of the death of the mother is determined 
 
31 See, for example: Judgment of the Appellate Court in Wrocław of 6.11.2019, III APa 14/19, LEX No. 2764390. 
32 Regarding psychological research into the course of bereavement, it is mostly related to loss in marital and family 
relationships (based on blood ties), while bereavement in friendship relationships is rarely explored. In their recent 
study, Liu, Forbat and Anderson demonstrated that the pain and suffering associated with the death of a friend can 
affect individuals in very similar ways as when losing a close family member (Liu, Forbat & Anderson, 2019, p. 2). 
Also: “Bereavement of a close friend is a type of disenfranchised grief. It renders significant negative impact on 
people’s physical health, vitality, mental health, social functioning and role limitations due to emotional problems” 
(Liu, Forbat & Anderson 2019, p. 13). 
33 Judgment of the Supreme Court of 15.05.2015, V CSK 493/14, LEX No. 1751292: “The claimants (...) lost their 
father as children(…). . They already knew what the father's role in the family was, that their emotional needs were 
fulfilled by contact with him, but at the same time they were not and would not be able to meet those needs in 
relationships with other family members or outside the family”. 
34 Judgment of the Supreme Court of 15.05.2015, V CSK 493/14, LEX No. 1751292: “A parent, in principle, cannot 
be replaced by another person in that social role which he or she has to perform with respect to a minor child, and 
the family relationship between him or her and the child cannot be terminated by any event other than death. Ties 
between spouses are sometimes severed not only by the death of one of them as a result of a prohibited act, in 
which case it cannot be excluded that the surviving spouse will establish a relationship of intimacy with another 
person.” Also: Judgment of the Supreme Court of 7.04.2017, V CSK 448/16, LEX No. 2305923. 
35 However, this view may be disputable in light of psychological research, see Revet et al., 2020, p. 2: “It was long 
thought that children were protected from this suffering because of the immaturity of their cognitive and psychic 
development, so that they were seen as being insensitive to loss. (…) Indeed, recent studies have clearly established 
that the loss of a loved one is one of the most stressful life events that a child can have to cope with and that it is a 
risk factor for numerous disorders”.  
104 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
primarily, (...) by the deprivation, which cannot be overstated, of the mother's 
participation in the child's life, development, adolescence, maturation.”36 
In making its assessment, courts also evaluate the role a person played in the family. 
Courts therefore evaluate the significance of the role (among the claimant's other 
relationships) of the relationship with the deceased person. Court judgments employ 
language such as that the deceased was the “head of the family,” the person who 
kept the family members together, or that the deceased was the main inspiration, the 
source of support for the claimant and other family members.37 In yet other 
judgments, courts have stated for example, that “the claimant's family has been 
broken up by the death of her father and brother”38 or that the children have lost a 
“good role model for males and females alike.”39 Courts also emphasize the 
importance of claimants' expectations of the role the deceased would have played in 
their future lives had they lived (for example, parents-children).40 
 
4.2.3 Behavioral and Subjective Dimensions of Close Relationships 
 
In the text of the justifications, the courts particularly focus on emotional ties, and 
thus the subjective dimension of closeness. A relationship is considered close if it 
 
36 Judgment of the Supreme Court of 17.04.2015, III CSK 173/14, LEX No. 1745796. 
37 Judgment of the Appellate Court in Szczecin of 15.01.2021, I ACa 515/20, LEX No. 3150085: “(...) if she were 
alive, she would continue to play her primary role in the family, and the claimant would have had constant support 
not only from his wife, but also from the whole family. The claimant 'did not put his life together' after losing his 
wife”. Judgment of the Appellate Court in Szczecin of 27.11.2018, I ACa 515/18, LEX No. 2635217: “It was the 
claimant's deceased father who acted as the head of the family at home, and it was he who bore the main burden of 
supporting the family”. See also: Judgment of the Regional Court in Lublin of 23.01.2014, II Ca 908/13, LEX No. 
1852470; Judgment of the Appellate Court in Gdańsk of 24.09.2020, V ACa 328/20, LEX No. 3102185; Judgment 
of the Appellate Court in Gdańsk of 17.11.2020, V ACa 410/20, LEX No. 3219689; Judgment of the Appellate 
Court in Lublin of 12.05.2020, I ACa 117/20, LEX No. 3044490; Judgment of the Appellate Court in Warsaw of 
1.12.2017, I ACa 1530/16, LEX No. 2516059.  
38 Judgment of the Appellate Court in Warsaw of 9.05.2018, I ACa 72/17, LEX No. 2516033: “Currently, the 
claimant has virtually no contact with his mother, brothers and sister, the contacts he has are maintained only by 
virtue of living together with his grandmother and uncle. The claimant lost previous relationships with peers and 
developed social alienation. The suffering of the claimant will have a long-term impact on his future functioning.” 
39 Judgment of the Appellate Court in Cracow of 9.11.2012, I ACa 1018/12, LEX No. 1236698: “(...)According to 
the conclusions of the opinion, claimants may very intensively seek contact with a man, both of them are at an age 
when a “good role model” for males and females is very important. The loss of a male role model and the lack of 
someone in the immediate environment to fill that space brings an increased risk of searching in a diverse 
environment, including an unfavorable one that seemingly only offer acceptance. Therefore, claimants require and 
will require increased attention to the kinds of environments in which they will seek out these role models. It is 
advisable for the claimants to receive help in the form of psychological therapy to promote the development and 
regulation of the feelings experienced.”  
40 Judgment of the Supreme Court of 21.01.2021, I CSKP 23/21, LEX No. 3108592: “The death of their son 
affected the functioning of the family system because the claimants' desire was for their youngest son to live with 
them and provide for them in their old age. To date, none of the claimants' children have taken on this role.” 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 105   
 
 
involved the fulfillment of emotional needs.41 Courts most often point to realization 
of the need for love, intimacy, care, affection, and safety. Many statements also 
emphasize attachment to the deceased.42 By determining the emotional aspects of 
the relationship, courts can determine the extent of the harm caused by the death of 
a close person. Crucial factors include the mental representation of the deceased - 
both in the claimant’s and in other people’s (witnesses’) minds - i.e., elements of the 
relationship the individual recalls as significant, and the image of the deceased they 
have retained in their memory. Of course, there is a caveat to be made that is relevant 
on both psychological and legal grounds. Neither lawyers nor psychologists have 
access to an individual's actual experience of a close relationship; their cognition is 
always indirect. What differs between the representatives of these two disciplines, 
however, is the way in which they familiarize themselves with the experience of 
intimacy. The legal “cognition” of closeness will usually be doubly mediated and 
corroborated by evidence other than that of the claimant's own report of feelings 
and emotions.  
 
However, the subjective aspect itself is not sufficient for the law: “The love, 
attachment, emotional and affective bonding, sense of safety and stability that arise 
when family relationships are built, constitute feelings of highly subjective nature.”43 
A mere assertion by the claimant and witnesses that certain persons were close to 
each other may be insufficient, and it is necessary to establish objective evaluation 
criteria.44 Examples of such criteria include: the dramatic nature of experiences, the 
sense of loneliness and emptiness, moral suffering and mental shock caused by the 
death of a close person, the type and intensity of the relationship between the injured 
party and the deceased, support in other people close to the deceased, the age of the 
person entitled to compensation, the extent to which the injured person will be able 
to find themselves in a new reality and the ability to accept it, the treatment of 
 
41 Judgment of the Appellate Court in Szczecin of 30.07.2020, I ACa 325/20, LEX No. 3116045: “the claimant was 
very close to his wife, with whom he lived for almost 40 years - they met as young people, she was his first love. 
The marriage was peaceable and the spouses were very attached to each other. The court kept in mind that the 
family was close-knit, celebrated holidays, and enjoyed spending time with friends. Their life together went 
smoothly. The claimant's relationship with his wife was strong and enduring.”  
42 Judgment of the Appellate Court in Cracow of 27.08.2020, I ACa 1160/18, LEX No. 3120079: “There was a very 
close emotional bond between the claimant and her mother, and although it was typical of a parent-adult child 
relationship, it was also special. It was characterized by emotional attachment and closeness, while at the same time 
the claimant was an independent and self-reliant person.” 
43 Judgment of the Appellate Court in Gdańsk of 13.03.2018, I ACa 157/17, LEX No. 2487730. 
44 Judgment of the Supreme Court of 11.07.2019, V CSK 179/18, LEX No. 2712254: “each case should be treated 
individually, taking into account all the circumstances of the case, while this assessment is to be based on objective 
criteria, and not solely on the subjective feelings of the injured party.”  
106 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
trauma, and the age of the injured person. Some of these criteria correspond to the 
behavioral dimension, while others to the subjective, dimensions of closeness. 
 
When awarding damages for the death of an immediate family member, courts 
examine other factual ties that are related to the presence of emotional ties. In doing 
so, they reconstruct the behavioral dimension of the close relationship. In a properly 
functioning close relationship, these two dimensions of intimacy intermingle. Thus, 
the focus is on how the deceased actually participated in the life of the claimant(s). 
Accordingly, courts analyze the interactions of individuals - the ones that are most 
common and characteristic of their relationships. Through this, they can determine 
the degree of interdependence in the lost relationship. 
 
 In reconstructing factual ties, courts focus, if only in general terms, on the history 
of the relationship linking individuals. In that history, they analyze factors including 
the duration of the relationship, its intensity, the frequency of meetings, the 
circumstances of the meetings (for example, family events, joint trips), the 
transformations that occurred during the relationship (for example, related to the 
adult child moving away to live elsewhere), the nature of the support the deceased 
provided to the claimant (for example, help with school), and shared passions.45  
 
The above circumstances are established by the evidence, including expert opinions. 
When courts rely on expert psychological or psychiatric opinions, the facts of the 
case are evaluated in great detail. Regardless of whether psychological (psychiatric) 
opinions are treated as an auxiliary tool or as primary evidence in proceedings, they 
provide courts with a broader picture of the impact of a close relationship on a 
particular person's life and the consequences caused by the interruption of the 
 
45 Judgment of the Supreme Court of 29.11.2017, II CSK 137/17, LEX No. 2416279: “the only person providing 
support in the claimant's life was her daughter, with whom she remained in almost daily contact, (...). For many 
years they lived together, later separately, but in the same tenement house, and when the addresses of residence of 
the two women changed, they were still in constant contact”. Judgment of the Appellate Court in Białystok of 
29.06.2020, I ACa 622/19, LEX No. 3033415: “the father was a central figure in the applicant's life, with whom he 
spent a significant amount of time. The claimant shared with his father not only passions (such as scuba diving) and 
interests, but also professional plans related to restoring old production lines. The claimant could also always count 
on his father for support and assistance.” Judgment of the Appellate Court in Warsaw of 3.06.2020, VI ACa 619/19, 
LEX No. 3069833: “The K. family was very close, spending every spare moment together, celebrating important 
family and religious occasions, as well as performing household chores together. P. K. was a cheerful, sociable and 
energetic man, always willing to help, including by cooking, bringing firewood, feeding livestock (chickens and 
ducks), mowing the grass, and helping his father with repairs and renovations to the house”. 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 107   
 
 
relationship.46 Based on their specialist knowledge, experts can precisely examine the 
state of affairs, relating it to the circumstances of death, the age criterion, the 
claimant's past illnesses, mental disorders47 as well as the claimant's characterological 
traits.48 Although there are several judgments in which courts considered expert 
opinions unnecessary, stating the judge was able to assess the facts of the case on 
their own thanks to their knowledge and life experience,49 such decisions seem 
controversial and risky. 
 
4.2.4 Bereavement after the Death of a Close Person 
 
Concerning evaluating the grieving process, courts also perform individualized case-
by-case analyses. This is evident in the statements indicating that a claim under 
Article 446, PCC is due regardless of whether the course of mourning was 
complicated or normal.50 Courts consider whether the grief is still ongoing, how it 
has affected the individual's life to date, and whether the claimant has come to terms 
 
46 For example: Judgment of the Appellate Court in Warsaw of 9.05.2018, I ACa 72/17, LEX No. 2516033; 
Judgment of the Appellate Court in Rzeszów of 3.11.2017, I ACa 747/16, LEX No. 2662807: “Life experience 
indicates that a person in despair is unable to concentrate on the issues of daily life. This view with respect to the 
claimant was confirmed by the conclusions of the opinion of an expert psychologist. The findings of fact indicate 
that the claimant has remained in this condition to the present day”. 
47 Judgment of the Appellate Court in Szczecin of 15.04.2019, I ACa 611/18, LEX No. 2668132: “in the case of 
patients with schizophrenia, it is very important to get support from the environment, to motivate to participate in 
social life, to create opportunities for patients to establish relationships with people of similar age. Siblings, better 
than other relatives, support people with schizophrenia because the relationship between siblings is more of a 
partnership than the relations between the patient and their parents. Siblings, less often than parents, tend to be 
overprotective, overly controlling, and limit the patient's independence:” 
48 Judgment of the Appellate Court in Cracow of 29.11.2000, I ACa 882/00, TPP 2002, No. 4, item 107. 
49 Yes: Judgment of the Supreme Court of 4.07.2018, I PK 201/17, LEX No. 2519342: “In doing so, it is not 
necessary to admit evidence from an expert psychologist. The extent of suffering may be determined by the court 
based on a comprehensive evaluation of the evidence on the record and the life experience of the judges deciding 
the dispute.” Judgment of the Appellate Court in Białystok of 28.03.2018, I ACa 966/17, LEX No. 2528765: “At 
the same time, the court held that the minutes of the community interview, the statements of the family members 
of the deceased, as well as the testimony of the parties given at the hearing on 1 June 2017, are sufficient to establish 
the mental health of the injured persons (...) in connection with the death of M. K., the ties linking the injured 
persons to M. K., to determine whether they belong to the circle of immediate family members, and the extent of 
their suffering, harm and the consequences of the event for the injured persons.” Judgment of the Appellate Court 
in Wrocław of 19.09.2018, I ACa 633/18, LEX No. 2696840: “the practice of admitting expert evidence on the 
mental state of the claimants in connection with the death of a loved one is wrong, which position is fully shared 
by the Court, in the composition examining the case. Clearly, intangible harm is unquantifiable and there is no 
evidentiary way to measure the extent of a grieving person's suffering.” Also: Judgment of the Appellate Court in 
Wrocław of 23.04.2014, I ACa 330/13, LEX No. 1392154. 
50 Judgment of the Appellate Court in Gdańsk of 25.10.2017, V ACa 721/16, LEX No. 2471806: “(...) neither the 
validity of the claim for compensation, nor its amount, are dependent on the existence of only circumstances 
indicating the pathological course of mourning, or the appearance of any diseases or mental health disorders in the 
injured person. The mere fact of trying to find one's way in a new situation does not demonstrate that claimants 
have not experienced changes in emotional functioning of a long-term nature. The position that the legislator 
intended to compensate only those persons who, after the loss of a loved one, suffered from negative psychological 
experiences beyond the natural feelings characteristic of the state of mourning, cannot be shared.” 
108 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
with the loss. They also assess whether the individual remains in a state of 
“disconnectedness and continued bond”, that is, whether the deceased is still the 
central object of claimant’s life or whether the death resulted in “termination and 
personal enrichment”. In the latter case, courts do not take a negative view when a 
claimant has restored their life after the death of a close person or started a new 
family. They accept that reorganizing one’s life is a natural way of coping with loss.51  
 
Some courts recognize (most likely based on psychological opinions) the presence 
of PTSD in the plaintiff experience. Interestingly, in the case-studies analyzed, PTSD 
was not linked to the plaintiff's direct contact with the tragic event. These courts 
have reasoned that PTSD is primarily recognized as a disorder resulting from 
traumatic experiences related to the death of a close person.52 
 
Courts also examine an individual's functioning after the death of a close person to 
assess whether they have come to terms with the loss (or whether it is still difficult 
or impossible to do so). This is important in determining the extent of the harm. To 
that end, they analyze whether the claimant sought psychological help after the loss 
of a close person.53 Our research has not revealed cases in which courts have 
negatively evaluated a claimant’s failure to reach out for professional support. The 
assumption is that recovery from crisis depends on individual circumstances.54 
 
 
51 Judgment of the Appellate Court in Łódź of 7.08.2013, I ACa 329/13, LEX No. 1356575: “Experiencing the 
trauma of losing a loved one is an individual matter of each person. According to one's own mental capacity, 
personality and character, as well as external circumstances, each person seeks their own solutions in this respect. 
(...). The birth of a child from a new relationship does not necessarily mean a lack of memory and pain from the 
loss of a child born earlier. It can only ease that pain.” 
52 Judgment of the District Court in Piotrków Trybunalski of 8.06.2017, II Ca 345/17, LEX No. 2605360: "In 
determining the amount of compensation, the Court also took into account one of the criteria justifying the award 
of compensation so-called post-traumatic disorder (PTSD) as a disorder resulting from traumatic experiences. 
Indeed, the existence of PSTD is scientifically proven as a normal reaction to the tragic death of a loved one and 
does not require proof in court." Judgment of the District Court in Lublin of 1.12.2014, I C 390/13, LEX No. 
1845422: "(...) as indicated by the expert psychologist giving an opinion in the case, gives grounds for concluding 
that the plaintiff, as a result of the death of his wife, suffered severe mental suffering in the form of psychological 
trauma resulting in post-traumatic stress disorder, expressed in feelings of fear and anxiety, helplessness, restlessness, 
loss of control and adaptive disorders. (...) He often walks past the crosswalk where the accident occurred, feeling 
sadness and grief at the time, which indicates the presence of intrusion mechanisms in his psyche (PTSD 
symptoms).”  
53 Judgment of the Appellate Court in Katowice of 6.12.2018, III APa 51/18, LEX No. 2615758: “The claimant still 
has not come to terms with her father's death, and to this day she is still reliving the negative effects of the accident, 
which directly affected her life. Currently, however, her functioning is within normal limits and requires further 
monitoring through visits with the school psychologist/pedagogue.” 
54 Judgment of the Appellate Court in Katowice of 4.04.2013, I ACa 98/13, LEX No. 1315666: “Currently, the 
claimant does not participate in any therapy, nor does she receive regular psychological help because she does not 
want to keep talking about what happened.” 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 109   
 
 
 
In many cases, individuals sue for damages long after the death of a close person.55 
Courts typically do not view this negatively, because compensation is awarded for 
“the harm resulting from losing a close person forever.”56 It can be argued that 
someone grieving the death of a close person did not “feel like” litigating and it is 
only after the grieving is over that they are able to stand in front of a judge and talk 
about the loss. On the other hand, both the determination of closeness and the 
course of bereavement, after a long period of time following the death of a close 
person, is difficult, because the evidence is based primarily on memories and 
descriptions of the emotions experienced. In these situations, courts refer to the 
pattern of a typical course of grief for a person of a certain age and health status.  
 
However much the courts individualize their assessment of the bereavement 
process, their consideration of it is usually quite chaotic. The use of questions from 
the Bereavement Risk Inventory and Screening Questionnaire (BRISQ) developed 
by Roberts et al. (2017),57 could be helpful in sorting these issues out. The form 
contains questions divided into categories: background, support, relationship style, 
prior stressors and coping style, relationship with family member, circumstances of 
death. Each one corresponds to the previously discussed criteria that courts look at.  
 
4.3 Compensation 
 
Based on these findings, courts ultimately determine the amount of compensation, 
and thus value the harm caused by the interruption of a relationship due to death. 
Estimating an amount that would correspond to the harm suffered is very difficult, 
as the courts have emphasized.58  
 
55 This is most often the case when the claimant was a minor at the time of the loved one's death and only filed a 
lawsuit after coming of age. 
56 Judgment of the Supreme Court of 29.11.2017, II CSK 137/17, LEX No. 2416279: “The fact that 'the suit was 
initiated nine years after the death of the claimant's daughter at a time when the strongest feelings accompanying 
grief had long since subsided' cannot be relevant in determining the amount of compensation (...). This is because 
the court awards it not only for the emotions and suffering during the grieving period, but also, and indeed primarily, 
for the harm resulting from losing a loved one forever.” Judgment of the Appellate Court in Szczecin of 30.07.2020, 
I ACa 325/20, LEX No. 3116045: “On an emotional level, it is clear that no amount of money will be adequate and 
will not express the suffering caused by the loss of a loved one. This is because any amount will be too small for the 
entitled person, and any amount may seem excessive to the obligated person.” 
57 This questionnaire was designed as a tool to identify the course in relatives of a person with cancer. See: Roberts, 
2017. 
58 Judgment of the Supreme Court of 11.07.2019, V CSK 179/18, LEX No. 2712254: “The harm suffered as a result 
of the death of a loved one is very difficult to assess and express in monetary terms, and each case should be treated 
individually.” Judgment of the Appellate Court in Cracow of 28.09.2021, I ACa 469/20, LEX No. 3269027: “Harm, 
110 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
It appears that monetary compensation can be a supportive factor for an individual 
who has lost a close person. As Hulst and Akkermans’ research indicates, an 
individual seeking monetary compensation in a bereavement situation: “(…) may be 
seeking acknowledgement of their emotional losses and the norm violation. (...) 
Results suggested that victims’ family members viewed a monetary award as a means 
to an end, rather than as an end in itself. It seems that money can symbolize 
acknowledgment to victims’ relatives” (Hulst & Akkermans, 2011). Monetary 
compensation, then, may be some form of recognition of the value of loved ones' 
experiences related to the death of the deceased.  
 
Litigation under Article 446, PCC is conducted in the form of legal proceedings, 
thus putting the claimant and the defendant in a position of a conflict of interest. 
The defendant, which is most often the insurance company, tries to advance 
arguments with which to counter the claim (for example, to raise allegations that the 
relationship was not truly close, that the claimant did not grieve). Thus, the 
defendant-insurer usually presents a different story of the relationship between the 
deceased and the claimant - unfavorable in light of the claimant's interests, and 
sometimes showing other aspects hidden by the claimant. On the other hand, the 
claimant, although most often genuinely aggrieved by the death of a close person, 
also presents versions of events according to their own interests. Most often 
claimants idealize the deceased person, speaking very highly of them, describing 
them as a very significant figure in their lives (de mortuis aut bene aut nihil)59 while 
deliberately omitting uncomfortable aspects of the relationship (for example, lack of 
contact for a long period of time). This raises the crucial question for lawyers. What 
is the best way to assess when the claimant’s assertions are truthful and accurate 
recreations of a mental representation of the deceased's image and a way of coping 
with the loss, as opposed to a sham litigation tactic that bears little resemblance to 
what the reality of the relationship was. This issue requires separate discussion. 
 
Courts adjudicating claims under Article 446 PCC face a difficult task both because 
the premises of the claim are vague and yet require precise findings of fact. The court 
must do justice by evaluating the circumstances of the case in light of its own life 
 
(...) is difficult to define, much less quantify with a monetary amount. The term 'appropriate amount' as used by the 
legislator, leaves its determination to the discretion of the court, which at the same time imposes an obligation to 
examine individually the situation of each injured person”. 
59 On eulogizing the deceased (Hayes, 2016, pp. 375–388).  
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 111   
 
 
experience. Pursuant to Article 233.1 of the Code of Civil Procedure: “The court 
must judge the credibility and strength of the evidence according to its own 
conviction, on the basis of a comprehensive consideration of the evidence 
gathered.”60 The judge's subjective life experience and individual preconceptions 
may well cause him or her to evaluate one case as an irreparable loss, while another 
one as a minor impairment.  
 
Article 446 PCC is an example of the so-called “judge's law” - the legislator does not 
ultimately determine the prerequisites of that claim, and leaves this task in the hands 
of judges. Courts often obscure this reality through assertions that “the margin of 
discretion left to the court does not imply arbitrariness, for the determination of 
claims must be made with due regard and careful consideration of the guidelines 
contained in the provision.”61 But does Article 446 PCC provide any such 
guidelines? After all, it includes only vague expressions (immediate family member, 
harm), the meaning of which must not so much be clarified, as even constructed, by 
judges.  
 
Here the issue of the so-called lines of case law comes into play. The judgments 
presented in this text are representative of an established, dominant line of case law. 
Although the arguments of the courts in specific case studies are chaotic, this does 
not affect the consistency of the final decisions - the interpretations of Article 446 
PCC are essentially uniform. From the perspective of the law's predictability, this is 
good news. On the other hand, the awareness of the existence of a permanent line 
may “block” judges from making different decisions, including even new proposals 
for describing closeness that would be adequate to the changing world (for example, 
regarding the socially acceptable diversity of romantic relationships). In dispensing 
justice, a judge must also reckon whether their ruling will be sustained in higher 
courts (Vidmar, 2011, pp. 58-62). 
 
5 Conclusion 
 
The discussion presented here was intended to provide answers to three questions. 
First, what do psychologists perceive as the elements that best characterize a close 
 
60 Article 233 § 1 of the Code of Civil Procedure Act of 17.11.1964 (Journal of Laws of 2021.1805).  
61 Judgment of the Appellate Court in Łódź of 8.12.2016, I ACa 714/16, LEX No. 2200306. 
112 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
relationship and what meaning is attributed to the loss of a close person from this 
perspective. Second, what elements characterize a close relationship, and what are 
the legal effects produced by the loss of a close person. Third, do courts search for 
a psychological perspective when determining the scope of the vague expression 
contained in Article 446 PCC (“immediate family member”) - and if so, how. If 
courts do not follow the findings of psychologists, then what is the source of 
knowledge on closeness for lawyers determining the claims under the above-
mentioned provision?  
 
It can be said that most individuals remain or have remained in close relationships 
throughout their lives. However, explaining what it means to be close to someone is 
difficult. It is undoubtedly a condition more felt by individuals than conceptualized 
into a set of easily testable criteria. Close relationships in the psychological sense are 
characterized by the following features:  
 
1. they are based on sustained and frequent interactions between individuals; 
2. based on these interactions, interdependence develops in the behaviors, 
thoughts, feelings, and emotions experienced by both individuals; 
3. interactions between individuals must be unique for them and be 
accompanied by special (not present in relationships with strangers) 
emotions and feelings, for example, love, intimacy; 
4. we can distinguish between two dimensions that are intertwined in a proper 
close relationship, i.e., the subjective dimension of close relationships 
(related to how the individual defines and experiences the close relationship, 
how they think about it and how they remember interactions with the other 
person) and the behavioral dimension of close relationships (related to how 
individuals behave in relationships, the frequency and intensity of 
interactions between them); 
5. individuals in a close relationship perceive themselves in the context of their 
relationship with the other person, and thus define their identity in terms of 
“we”. Close relationships are thus an important part of individuals' 
identities; 
6. close relationships provide a “place” for the fulfillment of individual needs; 
individuals in properly functioning close relationships potentially increase 
their own well-being and the well-being of the other person. This is 
especially true in the context of parental relationships (with the primary 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 113   
 
 
caregiver being the attachment figure) as well as romantic relationships. 
These can be said to be the “primary places” for fulfilling an individual's 
need to belong.  
 
Of course, the above-mentioned characteristics of close relationships refer to a 
model and simplified view. The individual case often is more complex, if only 
because close relationships are filled not only with positive interactions, but also with 
hurtful, difficult ones that can make it difficult to assess closeness in a given case 
(like the example of problematic grief mentioned in the text).  
 
Death generally occurs independently of the will of individuals - it leads to a sudden 
and sometimes violent termination of relationships. The experience of the death of 
a close person involves the experience of grief, which can be put most simply as 
“[t]he emotional reaction to the death of a close person, which commonly includes 
grief, sadness, anger, a sense of loss, and guilt, whose occurrence, though, is often 
unpredictable in timing and sequence” (Matsumoto, 2009, p. 81). It is a natural 
process following the loss of a close person. Several characteristic features of grief 
can be identified:  
 
1. it is the process by which an individual experiences difficult emotions and 
feelings (including sadness, anger, depression) associated with the loss of an 
important person;  
2. experiencing these emotions and feelings may be associated with somatic 
symptoms (for example, sleep problems, headaches or pain in other parts 
of the body, fatigue); 
3. it is an individually shaped process that depends on both the characteristics 
of the deceased (for example, age, health, character traits) and of the 
surviving close person (for example, age, health, character traits); the 
circumstances of death may also be relevant; 
4. it is a process spread over time. 
 
Being in a close relationship is a sizable investment for an individual, involving many 
intense experiences and emotions. Just as staying in a close relationship involves 
working with each other, grieving involves working “on the relationship but without 
the relationship itself.” The individual must recognize that the close person is gone 
and withdraw the energy invested in the relationship with the other person. This, 
114 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
however, gives rise to a protest - since a close personis “almost me", by rejecting 
him or her, I consent to losing a part of myself, irrevocably. As one researcher rightly 
notes, “mourning is a form of reaction to deprivation of something that has the 
qualities of ownership, belonging to the ego that invests its feelings in that object. 
Thus, depriving the ego of its object results in experiencing the absence of the object 
in reality. The result is a diversion from reality” (Bakalarz, 2016, p. 57). Thus, the 
individual may deny reality - not allowing himself or herself to know about the loss 
or identifying with the lost person. But this will not yet liberate the individual, 
although having the belief that the deceased is there even though they are not, can 
be pleasant. As Freud points out, the proper way to grieve is to strive to be “here 
and now” and thus to detach from the deceased “by which, the ego regains the 
freedom to re-enter relationships based on love” (Bakalarz, 2016, p. 57). 
 
It should again be emphasized that the legal concept of closeness is not consistent - 
in the respective provisions, the legislator adopts either a formal or a substantive 
understanding of closeness. This paper was focused on the example of substantive 
understanding of closeness - i.e., Article 446 PCC. Close relationships, in their 
substantive understanding, share the following characteristics in the legal context:  
 
1. it is the content of the relationship, not its legal form, that is crucial. A close 
relationship in the substantive sense can therefore be a legal relationship 
based on factual ties (for example, a well-functioning marriage), as well as a 
merely factual relationship not based on legal ties (for example, 
cohabitation). The content of the relationship here consists of certain 
factual ties;  
2. among these factual ties, it is crucial to recognize closeness between 
individuals, that there be an intense and enduring emotional bond between 
them; 
3. statements of the close person are not sufficient to establish the existence 
of an emotional bond. Emotional ties must be “corroborated” by conduct 
indicative of such ties, i.e., frequent interactions, intimacy, participation in 
major life events, knowledge of the other person, cohabitation, or having 
common property interests; 
4. these are enduring relationships, i.e., ones that have not been broken by the 
will of individuals;  
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 115   
 
 
5. they are relationships that are fundamentally based on positive behaviors by 
individuals and that promote their well-being, and are therefore important 
for meeting their individual needs.  
 
The interruption of such a close relationship in a sudden and unpredictable manner, 
and at the same time at the fault of a third party, i.e., interruption as a result of a 
prohibited act, is recognized in law as a source of harm to the individual. However, 
significantly, this harm can only be experienced if the given relationship is considered 
close. In order to determine whether or not harm has occurred, courts must look at 
the grief experienced by the individual. Courts can be aided in this task by procuring 
the opinions of experts in psychology or psychiatry, to whom the courts often refer 
when ruling on the basis of Article 446 PCC. Relying on the deductions derived 
from these opinions, as well as on their own intuition, courts capture mourning in a 
manner that is close to the psychological approach. This is well-illustrated by one of 
the court's statements: “the grieving process, understood in the psychological sense, 
which is a natural consequence of the loss of a close person, takes place individually 
(differently) for each person and depends on a combination of a number of internal 
and external factors.”62  
 
To summarize the perspectives presented in sections 4.1 and 4.2, we may conclude 
that the analyzed case of the substantive understanding of closeness shows many 
similarities to the psychological view of closeness. Lawyers can use questionnaires 
prepared by psychologists to determine relevant aspects of close relationships. They 
can also use psychological nomenclature, such as “behavioral dimension of close 
relationships” or “subjective dimension of close relationships” to put the argument 
about them in order.  
 
However, despite the similarities, there are also important differences between the 
two approaches.  
 
Lawyers need concrete “evidence of closeness” that demonstrates the external 
elements (as verifiable as possible) of the relationship between individuals - it is not 
enough to simply state that certain individuals share an intense emotional bond. Such 
a statement must be supported by external manifestations of closeness. What is also 
 
62 Judgment of the Appellate Court in Szczecin of 31.03.2021, I ACa 121/21, LEX No. 3187721. 
116 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
problematic for the law is the cases in which the relationship is characterized by 
similar intensity of both negative and positive interactions. The fact of violations in 
a relationship (for example, abuse, conflict) will most often result in the court’s 
determination that a particular relationship is not considered close.  
 
Importantly, the courts, when analyzing Article 446 PCC, adopt an understanding 
of the family that focuses primarily on the actual ties between individuals. Legal ties 
play a secondary role and the mere fact of kinship, marriage or affinity is insufficient. 
Of course, most often it is these people who seek redress for the death of a close 
person, but the mere fact that they are a family member in the legal sense is 
insufficient. There is a need for ‘emotional closeness’ between individuals, which 
means care, trust and joy in the relationship with another person. It arises between 
individuals as a result of their mutual, intense interactions. It is the result of many 
factors (for example, the amount of time spent together, being close to living). 
Because individuals spend a lot of time together and their interactions are frequent, 
they are more likely to help and care for each other (Korchmaros & Kenny, 2001, 
pp. 262-265). 
 
When answering the question whether the courts, when deciding on the scope of 
the vague expression contained in Article 446 PCC (“immediate family member”), 
refer to the psychological perspective, the answer should be in the affirmative, but 
with certain reservations.  
 
Undoubtedly, the most important source of psychological knowledge in the analyzed 
case is opinions of psychological experts - although it is worth remembering that it 
is not obligatory to consult them. However, expert opinions are not the only source 
of “psychologizing” statements by courts.63 
 
 
63 This is well illustrated by one statement from a court’s decision: “Family ties, the right to family life, and 
attachment to loved ones, are a complex mosaic of various forces within the family of fluid, often complicated 
nature, created by the constant interactions of the people sharing those ties. It includes relationships and contacts 
between family members arising because of their roles and tasks, thoughts, feelings, desires, mutual attitudes toward 
each other of family members, relationships between them based on specific cultural patterns. These elements are 
variable and are not necessarily reciprocal or mirrored. Relationships within the family (like other social 
relationships) are fluctuating constantly. They can be altered or even broken both by external events or by the 
decision of one of the parties. Their content is ambiguous, because the external image may not correspond to the 
real, internal tensions.” See: Judgment of the Regional Court in Piotrkow Trybunalski of 11.08.2020, I C 1646/17, 
LEX No. 3069513. 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 117   
 
 
In the body of their justifications, judges usually do not disclose the sources of their 
extra-legal knowledge of close relationships. The use of psychological terminology 
in the justification of a judgment may be associated with paraphrasing or interpreting 
a psychologist's expert opinion in a particular case. Thus, it is difficult to separate 
situations in which a judge uses a particular term based on an expert opinion from 
situations in which the judge uses a particular terminology in an intuitive manner.  
 
For example, to describe the type of relationship that connects individuals, courts 
quite often use the word “attachment”, which has its established meaning in 
psychology (Bowlby's attachment theory). Based on the statements from the case 
law, we can infer that it is a term for a state in which individuals are intimate with 
each other, and their relationship is enduring.64 This is an intuitive understanding of 
the term, not explicitly referring to psychological attachment, but it does express 
some suggestions about it. 
 
Judges refer to psychological context by creating it intuitively. In the course of legal 
education in Poland, lawyers are not obliged to obtain knowledge in psychology. 
Rather, it is a matter of choice dictated by their interests. Also, during their 
apprenticeship, judges do not learn to describe emotions - rather, they learn how to 
establish premises and how to systematize them within existing legal categories.  
 
Of course, saying that judges rely on their own intuition does not express any 
negative sentiment. The Polish language of the law and of the lawyers does not 
include terminology adequate to describe the experiences of an individual. The 
legislator does not define the concept of closeness by indicating its characteristics 
(for example, a close relationship is one that is based on a special emotional bond). 
The analyzed Article 446 PCC contains a vague term, i.e., one whose understanding 
and content is to be determined ad casum. Therefore, it is natural for the entities 
applying the law, not having “concrete” indications from the legislator, to apply the 
resources closest to them - intuition and life experience. The doctrine and 
 
64 For example: “The marriage was peaceable and the spouses were very attached to each other. The court kept in 
mind that the family was close-knit, celebrated holidays, and enjoyed spending time with friends. Their life together 
went smoothly. The claimant's relationship with his wife was strong and enduring.” See: Judgment of the Appellate 
Court in Szczecin of 30.07.2020, I ACa 325/20, LEX No. 3116045; “the claimant had extremely strong, positive 
feelings for her late mother. Their bond was characterized by deep attachment and support, which manifested itself, 
among others, in mutual assistance, maintenance of daily contact.” See: Judgment of the Appellate Court in 
Katowice of 24.05.2018, I ACa 1205/17, LEX No. 2514518.  
118 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
established lines of case law play an important role in determining the meaning of 
closeness in the context of Article 446 PCC.  
 
Although judges use their intuition that would perhaps dictate the adoption of a 
personal, individual perspective, we can discern a uniformity of judicial decisions 
with respect to Article 446 PCC. It is an interesting phenomenon. The high level of 
uniformity in the judicial decisions may be related to the existence in law of some 
conventional understanding of closeness, or at least some “core” of it. The repetition 
of closeness criteria and their acceptance in discourse may prove that judgments are 
just referring to the conventional understanding of closeness, which may in turn be 
in close correlation with the psychological understanding of closeness. Based on the 
analysis of the case law presented, we can observe that the minimum content of 
substantive closeness primarily includes the relationships that are based on a lasting, 
intense and positive emotional bond. 
 
On the other hand - which, to some extent, is justified by the practice of determining 
the meaning of vague expressions - lawyers look for some reproducible criteria in 
close relationships to allow them to determine whether they are dealing with a 
relationship that is close or not. In this respect, they draw on the criteria of closeness 
and harm developed in case law. Thus, we can speak here of a “binding 
interpretation” of Article 446 PCC - the courts automatically reproduce the criteria 
already adopted in case law, replicate them in their own judgments, and check, as if 
by means of a copying machine, whether or not a specific feature occurs in the case 
under consideration. This repetition, while it may affect the predictability of the final 
decision (and thus legal certainty), can significantly limit the legal view of closeness 
and, in extreme cases, lead to rejection of relationships that do not fit the usual 
pattern. 
 
 
Acknowledgment 
 
The paper was created as a result of the research project „Rekonstrukcja kategorii "bliskości" w polskim 
systemie prawnym” (Reconstruction of the category of closeness in Polish legal system), No. 
2018/29/N/HS5/00905 financed by the National Science Center. 
  
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 119   
 
 
References 
 
Legal Sources (Polish) 
 
Acts and Government Bills (Polish) 
 
Civil Code Act of 23.04.1964 (Journal of Laws of 2020.1740) 
Code of Civil Procedure Act of 17.11.1964 (Journal of Laws of 2021.1805) 
Regulation of the President of the Republic of Poland of 27.10.1933 - Code of Obligations (Journal of 
Laws) 
Act of 30 May 2008 amending the Civil Code Act and certain other acts (Journal of Laws 2008, No. 
116, item 731) 
Government bill to amend the Civil Code Act and the Code of Civil Procedure Act, form No. 81 
 
Resolutions of the Supreme Court 
 
Resolution of the Supreme Court of 15.12.1951, C 15/51, OSNCK 1953/1, item 3 
Resolution of the Supreme Court (CI) of 29.01.1957, 1 CO 37/56, OSNCK 1958, No. 1, item 2  
 
Judgments of the Supreme Court 
 
Judgment of the Supreme Court of 15.03.1963, I CR 151/62, LEX No. 1672863  
Judgment of the Supreme Court of 17.04.2015, III CSK 173/14, LEX No. 1745796 
Judgment of the Supreme Court of 15.05.2015, V CSK 493/14, LEX No. 1751292 
Judgment of the Supreme Court of 7.04.2017, V CSK 448/16, LEX No. 2305923 
Judgment of the Supreme Court of 29.11.2017, II CSK 137/17, LEX No. 2416279 
Judgment of the Supreme Court of 22.02.2018, I CSK 377/17, LEX No. 2484752 
Judgment of the Supreme Court of 4.07.2018, I PK 201/17 
Judgment of the Supreme Court of 11.07.2019, V CSK 179/18, LEX No. 2712254 
Judgment of the Supreme Court of 21.01.2021, I CSKP 23/21, LEX No. 3108592 
 
Judgments of the Appellate Courts 
 
Judgment of the Appellate Court in Białystok of 28.03.2018, I ACa 966/17  
Judgment of the Appellate Court in Białystok of 29.06.2020, I ACa 622/19, LEX No. 3033415 
Judgment of the Appellate Court in Cracow of 29.11.2000, I ACa 882/00, TPP 2002, No. 4, item 107 
Judgment of the Appellate Court in Cracow of 9.11.2012, I ACa 1018/12, LEX No. 1236698 
Judgment of the Appellate Court in Cracow of 16.12.2016, I ACa 970/16 
Judgment of the Appellate Court in Cracow of 27.08.2020, I ACa 1160/18, LEX No. 3120079 
Judgment of the Appellate Court in Cracow of 28.09.2021, I ACa 469/20, LEX No. 3269027 
Judgment of the Appellate Court in Gdańsk of 13.11.2012, V ACa 849/12, LEX No. 1313253 
Judgment of the Appellate Court in Gdańsk of 23.12.2014, I ACa 638/14 
Judgment of the Appellate Court in Gdańsk of 27.04.2017, V ACa 459/16, LEX No. 2362605 
Judgment of the Appellate Court in Gdańsk of 25.10.2017, V ACa 721/16, LEX no. 2471806 
Judgment of the Appellate Court in Gdańsk of 13.03.2018, I ACa 157/17, LEX No. 2487730 
Judgment of the Appellate Court in Gdańsk of 24.09.2020, V ACa 328/20, LEX No. 3102185 
Judgment of the Appellate Court in Gdańsk of 17.11.2020, V ACa 410/20, LEX No. 3219689 
Judgment of the Appellate Court in Katowice of 4.04.2013, I ACa 98/13, LEX No. 1315666 
Judgment of the Appellate Court in Katowice of 30.09.2016, V ACa 48/16, LEX No. 2139382 
Judgment of the Appellate Court in Katowice of 24.05.2018, I ACa 1205/17, LEX No. 2514518 
Judgment of the Appellate Court in Katowice of 6.12.2018, III APa 51/18, LEX No. 2615758 
Judgment of the Appellate Court in Lublin of 28.08.2013, I ACa 298/13, LEX No. 1372348 
120 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
Judgment of the Appellate Court in Lublin of 12.05.2020, I ACa 117/20, LEX No. 3044490 
Judgment of the Appellate Court in Łódź of 7.08.2013, I ACa 329/13, LEX No. 1356575 
Judgment of the Appellate Court in Łódź of 8.12.2016, I ACa 714/16, LEX No. 2200306 
Judgment of the Appellate Court in Łódź of 23.11.2018, I ACa 30/18, 
Judgment of the Appellate Court in Poznań of 2.06.2021, I ACa 377/20, LEX No. 3215837 
Judgment of the Appellate Court in Rzeszów of 3.11.2017, I ACa 747/16, LEX No. 2662807 
Judgment of the Appellate Court in Szczecin of 16.11.2017, I ACa 533/17, LEX No. 2488765 
Judgment of the Appellate Court in Szczecin of 28.03.2018, I ACa 312/17, LEX No. 2668158 
Judgment of the Appellate Court in Szczecin of 15.04.2019, I ACa 611/18, LEX No. 2668132 
Judgment of the Appellate Court in Szczecin of 30.07.2020, I ACa 325/20, LEX No. 3116045 
Judgment of the Appellate Court in Szczecin of 15.01.2021, I ACa 515/20, LEX No. 3150085 
Judgment of the Appellate Court in Szczecin of 31.03.2021, I ACa 121/21, LEX No. 3187721 
Judgment of the Appellate Court in Warsaw of 1.12.2017, I ACa 1530/16, LEX No. 2516059 
Judgment of the Appellate Court in Warsaw of 9.05.2018, I ACa 72/17, LEX No. 2516033 
Judgment of the Appellate Court in Warsaw of 3.06.2020, VI ACa 619/19, LEX No. 3069833 
Judgment of the Appellate Court in Wrocław of 23.04.2014, I ACa 330/13 
Judgment of the Appellate Court in Wrocław of 19.09.2018, I ACa 633/18, LEX No. 2696840 
Judgment of the Appellate Court in Wrocław of 6.11.2019, III APa 14/19, LEX No. 2764390 
 
Judgments of the Regional Courts 
 
Judgment of the Regional Court in Lublin of 23.01.2014, II Ca 908/13, LEX No. 1852470 
Judgment of the Regional Court in Piotrkow Trybunalski of 11.08.2020, I C 1646/17, LEX No. 
3069513 
Judgment of the Regional Court in Siedlce dated 23.10.2017, I C 63/14, LEX No. 2449997 
 
References 
 
Aron, A., Aron, E. N. & Smollan, D. (1992). Inclusion of other in the self-scale and the structure of 
interpersonal closeness. Journal of Personality and Social Psychology, 63(4), 596–612. 
Bakalarz, M. (2016). Żałoba oraz jej wpływ na rozumienie etyki [Bereavement and its Impact on the 
Understanding of Ethics]. Ethical Education, 11, 54-66. 
Baumeister, R.F. & Leary, M. R. (1995). The Need to Belong: Desire for Interpersonal Attachments as 
a Fundamental Human Motivation. Psychological Bulletin, 117(3), 497–529. 
Ben-Ari, A. & Lavee, Y. (2007). Dyadic closeness in marriage: From the inside story to a conceptual 
model. Journal of Social and Personal Relationships, 24(5), 627–644. 
Berscheid, E. & Snyder, M. & Omoto, A.M. (1989). The Relationship Closeness Inventory: Assessing 
the closeness of interpersonal relationships. Journal of Personality and Social Psychology, 57(5), 792–
807. Retrieved from https://www.cmu.edu/common-cold-project/measures-by-
study/psychological-and-social-constructs/marital-quality measures/relationship_ closeness 
_inventory_revised.pdf (August 29, 2021).  
Bonanno, G.A., Neria, Y., Mancini, A., Coifman, K.G, Litz, B. & Insel B. (2007). Is There More to 
Complicated Grief Than Depression and PosttraumaticStress Disorder? A Test of Incremental 
Validity. Journal of Abnormal Psychology, 116 (2), 342–351. 
Brudkiewicz, P. (2021). Żałoba i depresja w przebiegu żałoby [Bereavement and depression in the 
course of grief]. Medycyna Praktyczna. Retrieved from 
https://www.mp.pl/pacjent/psychiatria/choroby/91656,zaloba-i-depresja-w-przebiegu-
zaloby (January 24, 2021).  
Clark, M. S. & Lemay, E. W. (2010). Close relationships. In: Fiske, S. T et. al. (eds.) (2010), Handbook 
of Social Psychology, New York: John Wiley & Sons. 
Corr, C.A. (1999). Enhancing the Concept of Disenfranchised Grief. OMEGA - Journal of Death and 
Dying, 38(1), 1–20. 
M. Drapalska-Grochowicz: The Loss of a Close Person – Intersections Between Law and Psychology. 
Case of Polish Law 121   
 
 
Crossley, A. & Langdridge, D. (2005). Perceived sources of happiness: A network analysis, Journal of 
Happiness Studies, 6, 107–135. 
Currier, J.M. et al. (2014). Attachment, Continuing Bonds, and Complicated Grief Following Violent 
Loss: Testing a Moderated Model. Death Studies, 39(4), 201–210. 
Deci, E.L. & Ryan, R.M. (2014). Autonomy and Need Satisfaction in Close Relationships: Relationships 
Motivation Theory. In: Weinstein, N. (ed.) Human Motivation and Interpersonal Relationships, 
Dordrecht–Heidelberg–New York-London: Springer, 53–73. 
Doroszewicz, K. (2008). Bliskie związki a jakość życia [Close Relationships and Quality of Life]. 
Psychologia Jakości Życia, 7(1–2), 5–18.  
Elison, J. & McGonigle, C. (2004). Liberating Losses: When Death Brings Relief, Darby, PA: Diane 
Publishing Co. 
Field, J. (2016). The Legacy of Abuse and Neglect: Implications for Bereavement. Bereavement Practice 
for Clinicians and Service Providers, Autumn, Retrieved from 
https://www.grief.org.au/uploads/uploads/Bereav-Prac-Notes-Autumn-2016.pdf (January 
25, 2022). 
Finkel, E.J. & Simpson, J. A. & Eastwick, P.W. (2017). The Psychology of Close Relationships: 
Fourteen Core Principles. Annual Review of Psychology, 68, 383–411. 
Freud, Z (1992). Żałoba i melancholia [Mourning and Melancholy], translation: J. Jabłońska-Dzierża. In: 
Walewska, K., Pawlik, J. (eds.) (1992). Depresja. Ujęcie psychoanalityczne, Warsaw: PWN. 
Hayes, J. (2016). Praising the dead: On the motivational tendency and psychological function of 
eulogizing the deceased. Motivation and Emotion, 40(3), 375–388.  
Hulst, L. & Akkermans, A. J. (2011). Can Money Symbolize Acknowledgment? How Victims’ Relatives 
Perceive Monetary Awards for Their Emotional Harm. Psychological Injury and Law, 4(3). 
Retroeved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3267030/ (January 25, 
2022). 
Klass, D. & Silverman, P. R. & Nickman, S. L. (eds.) (1996) Continuing bonds. New Understandings of Grief, 
New York: Taylor & Francis. 
Klugman, C.M. (2006). Dead Men Talking: Evidence Of Post Death Contact And Continuing Bonds, 
OMEGA - Journal of Death and Dying, 53(3), 249-262.  
Korchmaros, J. D. & Kenny, D.A. (2001). Emotional Closeness as a Mediator of the Effect of Genetic 
Relatedness on Altruism. Psychological Science, 12(3), 262–265.  
Leary, M. & Baumeister, R. F. (2000). The nature and function of self-esteem: Sociometer theory. 
Advances in Experimental Social Psychology, 32, 1–62. 
Lin, Y.-Y. & Servaty-Seib, H.L. & Peterson, J. (2019). Child Sexual Abuse Survivors' Grief Experiences 
After the Death of the Abuser. OMEGA - Journal of Death and Dying, 83(4).  
Lindemann, E. (1994). Symptomatology and management of acute grief. American Journal of Psychiatry, 
101(3), 141–149. 
Liu, W-M. & Forbat, L. & Anderson, K. (2019). Death of a close friend: Short and long-term impacts 
on physical, psychological and social well-being. PLOS ONE, 14(4). 
Matsumoto, D. (ed.) (2009). The Cambridge Dictionary of Psychology, New York: Cambridge University 
Press. 
Moss, M. S. & Moss, S. Z. (1984). The Impact of Parental Death on Middle Aged Children. OMEGA 
- Journal of Death and Dying, 14(1), 65-75. 
Ogryzko-Wiewiórkowska, M. (1991). Rodzina i śmierć [Family and Death]. Studia Socjologiczne, 120-121 
(1–2), 69-90. 
Parks, M. R. & K. Floyd, K. (1996). Meanings for closeness and intimacy in friendship. Journal of Social 
and Personal Relationships, 13 (1), 85–107. 
Pietromonaco, P.R. & Uchino, B.N. & Schetter, C.D. (2013). Close Relationship Processes and Health: 
Implications of Attachment Theory for Health and Disease. Health Psychology, 32(5), 499–513. 
Regan, P. (2011). Close relationships, New York: Routledge.  
Register, L. M. & Henley, T. B. (1992). The Phenomenology of Intimacy. Journal of Social and Personal 
Relationships, 9(4), 467–481. 
122 MEDICINE, LAW & SOCIETY Vol. 16, No. 1, April 2023   
 
Revet, A. et al. (2020). Bereavement and reactions of grief among children and adolescents: Present 
data and perspectives. L'Encéphale, 46(5), 356–363. 
Roberts, K. et al. (2017). The Development of the Bereavement Risk Inventory and Screening 
Questionnaire (BRISQ): Item Generation and Expert Panel Feedback. Palliat Support Care, 
15(1), 57-6. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5296244/ 
(August 16, 2022). 
Simpson, J.A. & Tran, S. (2006). The needs, benefits, and perils of close relationships. In: Noller, P., 
Feeney, J. A. (eds.) (2006) Close Relationships: Functions, Forms and Processes, London: Psychology 
Press/Taylor & Francis, 3–24. 
Slatcher, R.B. & Selcuk, E. (2017). A social psychological perspective on the links between close 
relationships and health. Current Directions in Psychological Science, 26(1), 16–21. 
Sobolewski, P. (2020). Komentarz do article 446 [Commentary to article 446]. In: Osada, K. (ed.), 
Kodeks cywilny. Komentarz [Civil Code. Commentary], Legalis/el. 
Stencler, B. (2015). Żal po stracie – dynamika adaptacji do nieuniknionych zmian [Grief after Loss - 
the Dynamics of Adaptation to Inevitable Change]. Sztuka leczenia, 3–4, 47–56.  
Suwalska-Barancewicz, D. (2016). Jakość bliskich związków interpersonalnych. Znaczenie przywiązania i 
zależności w budowaniu trwałych relacji [Quality of close interpersonal relationships. The 
importance of attachment and dependence in building lasting relationships], Bydgoszcz: 
Wydawnictwo Uniwersytetu Kazimierza Wielkiego. 
Swails, J. A. & Bowerman, S. E. (2020). Relationship Closeness Inventory. In: Zeigler-Hill, V., 
Shackelford, T. K. (eds) (2020). Encyclopedia of Personality and Individual Differences, Cham: Springer 
Cham. 
Szymborska, W. (2012). Kot w pustym mieszkaniu [Cat in an Empty Apartment], Retrieved from 
https://www.dwutygodnik.com/artykul/3129-wislawa-szymborska-1923-2012.html (January 
4, 2021).  
Tofthagen C, Hernandez, D.F., Mason, T.M, Buck H.G, Kip K.E. (2022). Complicated Grief With 
Post-Traumatic Stress Disorder Addressed With Accelerated Resolution Therapy: Case 
Discussions. Omega (Westport), 85(2), 455-464, doi: 10.1177/0030222820947241.  
Vidmar, N. (2011). The Psychology of Trial Judging. Current Directions in Psychological Science, 20(1), 58-
62. 
Żmigrodzki, P. (ed.). Wielki Słownik Języka Polskiego [The Great Dictionary of the Polish Language]. 
Retrieved from https://wsjp.pl/haslo/podglad/28558/strata/5122758/bliskiej-osoby (June 
20, 2022). 
 
Povzetek v slovenskem jeziku 
 
Poljski zakonodajalec dovoljuje odškodnino za škodo, nastalo zaradi smrti bližnje osebe, ki 
je posledica civilnega delikta (na primer prometne nesreče). Podlaga za takšne zahtevke je 
člen 446 § 4 poljskega civilnega zakonika, ki vsebuje nejasen izraz "najbližji družinski član". 
Sodišča morajo torej ugotoviti, ali je bila oseba nekomu blizu in kako. Iz besedila sodnih 
obrazložitev je razvidno, da sodišča bližine ne določajo izključno na podlagi pravnih meril. 
V prispevku so analizirane sodne odločbe, v katerih je bil sodišče odločalo o obsegu 
nejasnega izraza »najožji družinski član«. Analiza želi ugotoviti pravno razumevanje 'bližine' 
in ugotoviti, ali in kako ga podpirajo sklicevanja na psihologijo.