Attacked by a wild animal: suffering is no longer measured in wages

Romania's hunting law promises compensation to people injured or killed by wild animals. Until now, the most personal part of that compensation, the money for pain and suffering, was calculated from the victim's salary. On 6 October 2026, the Constitutional Court unanimously held that this rule breaches the Constitution.

What the law said

Article 13¹ was added to Law no. 407/2006 on hunting and the protection of game in January 2020. It applies to attacks by animals of the species listed in Annexes 1 and 2 of the law, including bears, wolves and lynx. The victim receives compensation from the central authority responsible for hunting and/or the one responsible for the environment, covering:

• hospital costs and, in case of death, funeral costs;
• net income lost while the victim was temporarily unable to work;
• moral damages, meaning money for physical and psychological suffering.

The problem was paragraph (2): moral damages had to be "proportional to the days of inactivity in relation to the salary received". For people without a salary, the benchmark was the national minimum wage. As a result, two people with the same injuries could receive different amounts simply because they earned different incomes.

What the Court decided

The Court upheld the objection of unconstitutionality. According to its official press release, paragraph (2) breaches the Constitution for three reasons:

• The right to life and to physical and mental integrity (Article 22 of the Constitution). By their nature, moral damages cannot be calculated precisely, and a formula tied to salary does not provide adequate redress. The Court also linked this to the State's duty to protect life under Article 2 of the European Convention on Human Rights.
• Legal clarity. The text did not say whether it meant net or gross salary, and it did not cover people with taxable income who are not employees.
• Equality. Each victim's suffering was measured against the salary they earned.

The Court's conclusion: only a court can establish, in light of each case, whether moral harm exists, how serious it is and what fair redress is. For that, victims can rely on the general rules of the Civil Code.

What changes and what stays

The decision concerns paragraph (2) only. The rest of the article remains in the law: the right to compensation for hospital costs, funeral costs, lost income and moral damages, as well as the payments to the family in case of death.

Under Article 147 of the Romanian Constitution, the Court's decisions are published in the Official Gazette and, from publication, are generally binding and apply only for the future. A provision found unconstitutional is suspended by law and ceases to have effect 45 days after publication, unless Parliament or the Government brings it into line with the Constitution within that period.

What you can do

• Keep every document: medical records, discharge papers, sick leave certificates, receipts for expenses and any record drawn up by the authorities after the attack.
• Ask a lawyer before accepting an amount or giving up any claim. After this decision, what your suffering is worth is a question a court answers, case by case.
• If you cannot afford a lawyer, you can apply for state legal aid under Government Emergency Ordinance no. 51/2008.
• Watch for the published decision on the Constitutional Court's website. Only the full reasoning will show the Court's argument in detail.

If you are in danger, call 112.

This article explains the decision on the basis of the Constitutional Court's official press release, before the full reasoning is published. It is not a substitute for advice from a lawyer on your specific situation.