fatal accident

Fatal traffic accident. Who is entitled to compensation, when and how?

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  1. For fatal traffic accidents, the procedure
  2. Fatal accidents, non-economic damages compensable
  3. Fatal accident: Prescription and how to obtain compensation
  4. Fatal car accident, what can Tutelaprima do?

The right to compensation for damages resulting from a fatal traffic accident, lies with the victim’s relatives, except in special cases. Indeed, the latter can be represented by a firm and take legal action to obtain compensation for the damage suffered by the victim.

In the absence of direct relatives, secondary victims may seek compensation:

-Spouse, children, brothers, sisters, grandparents, and grandchildren in the direct line even if not cohabiting;

-Cohabitant more uxorio (stable union);

-Non-direct relatives: Cousins, uncles, brothers-in-law, etc.

-Anyone who can prove that have suffered an injury resulting from the victim’s death.

For fatal traffic accidents, the procedure

When a fatal traffic accident occurs, the Public Prosecutor’s Office orders the Judicial Police to serve the notice of impending assignment on the medical examiner, who will be in charge of the autopsy examination, the person under investigation, and the offended persons (relatives of the victim).

The persons involved may appoint an expert witness who will be able to attend the autopsy examination, which by its nature is an unrepeatable act.

Compensable damages following fatal traffic accident

Compensable damages in the event of a traffic accident that resulted in the death of the victim are distinguished between pecuniary and non-pecuniary damages.

According to the law, pecuniary damages include consequential damages, such as expenses that affect the victim’s assets (medical  expenses  before  death, funerals, etc.). Loss of earnings results from the loss of economic entitlements that the

deceased would have provided for the needs of the family. This type of damage is difficult to prove, as it requires tangible and obvious evidence.

Non-pecuniary damages arising from a fatal accident relate to the suffering suffered by the victim’s relatives. These types of damages must also be documented and proven; in fact, case law in this regard is somewhat ambiguous.

Fatal accidents, non-economic damages compensable

Iure hereditary: This is compensation for biological damage in favour of the victim’s heirs. This case occurs provided a certain amount of time has passed. It is, actually an injury that accrues to the victim and is transferred to the heirs;

-Iure proprio: This type of damage is manifested in the existential damage that results from the loss of a relative.

-Terminal damage: Introduced by ruling No. 15350/2015, it concerns when the injuries sustained lead to death after some time.

-Unborn child damage: In this case, the damage becomes apparent when the victim of the fatal accident was expecting a child. In this circumstance, the damage relates to emotional and economic loss.

Fatal accident: Prescription and how to obtain compensation

The time limit within which to claim compensation is stipulated in Article 2947, which sets two years as the time limit within which to assert one’s right.

After a fatal traffic accident, both civil and criminal proceedings are opened. The victim’s relatives, concerning the criminal trial, appoint party consultants so that technical and medical-legal experts reports and procedures can be carried out to determine the dynamics of the accident and the causal link between the accident and the victim’s death.

The insurance company of those who caused the accident is put in default by the attorney representing the victim’s relatives.

Fatal car accident, what can Tutelaprima do?

Tutelaprima is the first entity in Italy that deals with compensation for fatal traffic accidents. We employ experienced attorneys to define damages arising from fatal

accidents, and our consultants have the necessary skills to initiate civil and criminal proceedings.

Our team of experts includes medical examiners, and party consultants specializing in fatal accidents, to carry out all expert reports and surveys to trace the dynamics of the accident and obtain the right compensation.

We assist claimants, and relatives of the victim throughout the country by working with psychologists, expert witnesses and technical experts in the field.

Call us to 800 609 403

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