Under Articles 2043 and 2054 of the Italian Civil Code, the person who caused the damage is obliged to put the person who suffered the damage in the position in which he would have been if the damage had not occurred.
The Code distinguishes between pecuniary and non pecuniary losses.
The first consists of a financial loss, i.e. when guilt or negligence directly damages the economic assets of the injured party.
There are two different subcategories of financial loss:
– ‘consequential loss’ means economic loss which is the immediate and direct consequence of the accident.
This subcategory includes both medical expenses and the loss and impoverishment of property. Compensation will only be provided once proof of the costs incurred has been provided.
– ‘pecuniary loss’ means reduced earning capacity, i.e. the gain which the injured party will not add to his or her personal income as a direct cause of the damage.
All income lost as a result of the accident will be compensated, both those that have already occurred and those that will occur in the future, but their evaluation requires proof (although obviously assumed in the second case) of their existence.
It must also be demonstrated, on the basis of a high degree of probability, that the damage caused is closely related to the damage suffered or that it is a consequence of it.
Non pecuniary (non-economic) damage, on the other hand, is the unfair harm caused by an intentional or negligent act which injures a person.
There are two types of non-economic damage:
1) “Biological damage”: According to Articles 138 and 139 of the Insurance Code, “temporary or permanent damage to the physical or mental integrity of a person, regardless of his or her capacity to generate income”.
Such damage affects physical, mental and socio-environmental relations and can be divided into two subcategories:
(a) ‘temporary invalidity’ means The number of days needed to recover from the trauma (taking into account the body’s natural ability to respond and the treatments to be applied to restore the injured person’s original psycho-physical condition).
If the injured party is not able to carry out any activity, the temporary incapacity is considered total, while if the accident is minor, it is referred to as partial temporary incapacity (also measured in days).
b) “permanent disability” within the meaning of Article 61 of the Code of Civil Procedure is defined as the percentage of incidence on the psycho-physical conditions that cannot be cured.
Permanent disability is expressed as a percentage that starts from 1% to 100% and its evaluation is carried out by a medical examiner.
The criteria most commonly applied for the compensation of biological damage are those provided for by the Court of Milan, even if other courts have created their own.
These criteria and standards are based on a “variable index”, which is a sum of money for a given percentage of disability and increases as a result of the percentage of disability while decreases with the age of the injured party.
2) “Moral damage” within the meaning of article 139 of Legislative Decree no. 209 of 7 September 2005 (Insurance Code) means the damage caused by the event damaging to the general well-being of the person (and includes factors such as anxiety and anxiety related to the event).
In this case, the assessment of the quantum is determined in proportion to the biological damage (in percentage that reaches up to 20%).
Having assessed the liability of third parties in the cause of the event, the Firm provides for the complete management of the case, maintaining relations with the insurance companies and with the liquidators in charge, in order to obtain fair compensation for the damage.
The Firm has consolidated experience in the field of compensation for damages due to road accidents occurring in Italy or abroad.
The Firm offers, in particular, the following services to simplify the process of compensation:
– Advice and guidance: reconstruction of the event, in order to identify the simplest and safest path for the protection of the infringed rights;
– Analysis and reconstruction of the dynamics: the Firm avails itself of technical experts in the reconstruction of road accidents with the aim of providing the necessary tools to determine the responsibilities related to the accident;
– Relationships with insurance companies: request for damages and preparation of the necessary documentation for a complete management of the practice and care of negotiations with insurance companies;
– Withdrawal of the report: access to the records and acquisition of the report from the authorities involved;
– Agreements with body shops: facilitations in case of vehicle repairs at selected body shops;
– Roadside assistance: assistance in recovering the vehicle involved in the accident in the event of its immobilisation.
The Firm can also advise the Client on a series of specialists able to offer qualified medical-legal advice (in order to correctly quantify the damage caused by temporary or permanent disability) and various physiotherapy and rehabilitation centres (laser, ultrasound, techartherapy, kinesiotherapy, etc…), for a correct path of physical recovery.
We handle cases in which the vehicle responsible is not identified or covered by insurance, making it necessary for this reason the use of the Guarantee Fund for Road Victims.
In case of fatal events or serious disability, the Firm is organized to offer all the necessary assistance and constant support throughout the entire process, from the very beginning (illustrating all the solutions to the problems that the injured, their families or heirs will inevitably encounter) until obtaining compensation.
The Firm helps the employee involved in an accident at work obtaining fair compensation for the suffered damage and assists the Company recovering financial damages due to the absence from work of employees (caused by the liability of third parties).
An accident at work is a traumatic event that occurs during the course of work or during the return journey between home and workplace.
The harmful consequences of an accident at work can indeed give rise to two types of relief:
1) one of a social security nature (by INAIL) and
2) a nature of compensation against the civil liability, when the event occurred for third party liability (differential damage).
We analyze the different situations.
In the first case, the employee involved in an accident at work can obtain the payment of fair compensation for the damage suffered and our Firm, having assessed the right to compensation, can offer the Client (the damaged person) the following services:
– advice and guidance in the reconstruction of the event, in the assessment of liability and in the quantification of suffered damage, with particular attention to biological damage, moral and property;
– INAIL compensation: through specific agreements, management of relations with INAIL, up to the quantification of the damage and due compensation;
– assistance in the booking of specialist examinations, diagnostic examinations, treatments and therapies, in medical facilities and in the identification of adequate medical and legal advice.
In the second case, however, the Firm can offer its assistance to the employer who during the period of illness is still forced to pay, in whole or in part, the salary of the damaged person and the contributions of the law also bearing the additional burden of temporary recruitment of a new employee.
As a company and, in general, as an employer, the latter has the right to take action against the third party responsible for the accident, as a result of which the employee is forced to leave work.
For this reason, the Firm has paid particular attention to the rights of the aforementioned company, to which it offers qualified advice to recover the financial damage resulting from the absence from work of employees and / or partners, caused by the liability of third parties.
The Firm may also provide advice in order to recover the cost of vehicle repair and any financial damage resulting from the technical stoppage of the same.
The Firm examines the case with the help of a medical expert and, having assessed the profiles of responsibility, offers the Client an hypothetical quantification of the damage indicating the best action to be taken in order to protect him / her.
Medical professional responsibility (“malasanità”) is defined as when the direct consequence of the work of the staff of a health facility, both public and private, has caused damage to the person, worsening his / her physical condition and/or causing the birth of a new disease.
The matter was amended by Law No. 24 of 8 March 2017 (“Provisions on the safety of care and the person assisted, and on the professional liability of health professionals”) which introduces greater protection for the person in the event of illness.
For example, cases of “malpractice” are recognised:
– incorrect performance of surgery,
– the misdiagnosis,
We pursue – whenever is possible – an extra-judicial definition of the dispute.