Quantification Of Damage According With Italian Law

Author:Ms Ottavia Pulizzi
Profession:Giambrone Law ILP

If you have been involved in an accident in Italy and have suffered damages, it's important to know that according with Italian Law, the person who caused the damage has the duty to comply with the criteria set forth by articles 2043 and 2054 of the Civil Code, pursuant to the general duty to restore the person who suffered the damage back to the position they would have been in if the damage had not been incurred.

Therefore, for to proceed with the quantification of damage, appear important to know that the Italian Civil Code identifies a distinction between patrimonial damages and non-patrimonialdamages, now, we proceed to analyze them.

The patrimonial damages consist in a Financial loss, that is when fault or negligence harm the economic assets of the injured party directly. Two different sub-categories of patrimonial damages exist. Consequential damage and monetary loss: "Consequential damage" is defined as the immediate and direct consequences of the damage, that caused the economic loss. This sub-category is comprised of the expenses for the medical treatment and cures.

Consequential damage also comprises the loss and the impoverishment of goods owned. The consequential damage needs to be proven and the compensation will take place once substantial evidence of the expenses incurred are presented;instead, the "Monetary loss" stands for the reduced possibility to gain profits, i.e. the profits that the damaged person will not secure or add to its personal income as a direct cause of the injury. This means that all the future incomes which are going to be lost because of the accident shall be compensated, both those that have already taken place and those which will take place in the future.

Assessment of monetary loss, pursuant to articles 2056 and 1226 of the Civil Code requires proof, even when presumed obvious, of its existence otherwise the damage shall be deemed as non-refundable.

Therefore, it is mandatory to show substantial evidence of the economic loss using objective elements, which testify that they would have certainly been secured and that such loss can be assessed; in addition, it must be proven on a high balance of probabilities that the damage caused is closely related to injury sustained or that it is a consequence.

Instead, the Non-patrimonial Damages are an unjust damage caused by an intentional or negligent act injuring a person. There exist two types of non-patrimonial damages: biological damage and moral damages.


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