Case Review
Wang drove a vehicle and injured Liu, who was walking in the overtaking lane. The traffic police brigade made a traffic accident liability determination, holding Wang primarily liable and Liu secondarily liable for the accident.
After the injury, Liu was hospitalized for medical treatment. According to the forensic appraisal opinion, Liu’s injury constituted Grade VI disability.
Eight months later, Liu died in an accidental incident. Shortly afterwards, Liu’s only son Liu Xiao, acting as Liu’s heir, filed a lawsuit with the people’s court against Wang and the insurance company of the accident vehicle as defendants. He claimed compensation for various economic losses including medical expenses, hospital food subsidies, disability compensation, nursing fees, and mental distress solatium of RMB 30,000.
Court Judgment
After hearing the case, the court held that Liu Xiao, as Liu’s son, had no right to claim mental damages against the tortfeasor at the time his father sustained personal injury. Following Liu’s death, Liu Xiao was also not entitled to inherit the claim right for mental distress solatium, which is personal to the injured party.
Accordingly, the court dismissed Liu Xiao’s claim for mental distress solatium.
Legal Comment
Article 18 of the Judicial Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that
the claim right for mental distress solatium shall not be assignable or inheritable, except where the compensation obligor has promised monetary compensation in writing, or the compensation obligee has already instituted litigation with the people’s court.
The claim right for mental distress solatium is inseparable from a natural person’s personal status and bears personal attributes. Such compensation for non-pecuniary loss may only be assigned, inherited or seized if the parties have reached an agreement or a lawsuit has already been filed.
In this sense, the claim right for mental distress solatium is an extension of a natural person’s personal rights. In principle, personal rights of a natural person shall be exercised by the person himself or herself, so as to protect personal dignity and personal liberty.
Liu sustained Grade VI disability and mental suffering due to the traffic accident during his lifetime and was entitled to claim a certain amount of mental distress solatium against the tortfeasor. However, such mental suffering and the corresponding claim right are exclusive and personal to Liu, inseparable from his personal status. Upon Liu’s death, such rights ceased to exist, and Liu Xiao had no right to inherit and assert them.