Compensation for damage

In the field of civil law, the Cetraro Law Firm carries out extrajudicial and judicial legal assistance in the field of civil liability for the compensation of the patrimonial and non-patrimonial damage.

There are different reasons for which you can be entitled to compensation, just as there are different damages that can be compensated and can concern both natural persons and companies, associations or public administrations. In fact, not only the injury of a person’s psycho-physical integrity is compensable, but also the injury of any other constitutionally relevant right such as property, health, reputation, image.

Depending on the type of injury caused, the order presents us with two main categories of damage:

  • The asset damage, such as emerging damage, loss suffered, loss of profit, loss of earnings; by way of example, this category includes damage due to contractual breach, damage from accident or road accident, damage from medical liability, damage from failure to fulfill the obligation to maintain the spouse or children.
  • Non-pecuniary damage, such as internal suffering, mental disability, deterioration of the quality of life. It is a unitary category that includes a series of different prejudices: moral damage, biological damage, damage from parental damage, psychic damage, sexual damage, damage to relationship life, aesthetic damage, existential damage and damage to generic working capacity.

As of November 2008, as a result of a ruling by the Court of Cassation, the above-mentioned injury items are classified into a single category: non-pecuniary damage.

Cass., Section Un. 26972/2008: “(…) non-pecuniary damage is a general category that cannot be divided into subcategories variously labeled.”

Cass., Section Un. 53/2014: “(…) the expressions “existential damage” and “biological damage” do not express distinct categories of damage, much less the one can be considered a sub-category of the other, since they are rather merely descriptive phrases of the only category of damage, which is that of non-pecuniary damage, to be identified in the damage caused by the injury of interests inherent in the person not characterized by economic significance.”

Cass., Section Un. 1361/2014: “(…) confirmed the existence of the proven triad consisting of existential, moral and biological prejudices, albeit not as a category of damage to itself, but as descriptive aspects, albeit ontologically different, of the only category of damage not patrimonial.”

In case of disputes of this kind, the Cetraro Law Firm is prepared to provide adequate legal support thanks to the knowledge and experience acquired during the years of activity.

Legal services are integrated by those of technical consultants in the various subjects in order to guarantee an objective quantification of the prejudices suffered by the injured party and complete and integrated support.

Cass. Civ., Section III, Sent. n. 2872 of 06.02.2020: “Ice sheet on the sidewalk: no fault of the Municipality for the tumbling of the elderly lady. (..) After reconstructing the episode in detail, it was ascertained that the fall was caused by ice. However, the known climatic conditions, advanced age and walking difficulties should have prompted the woman to be more cautious.”

Cass. Civ., Section III, Sent. n. 1640 of 24.01.2020: “Limb amputated for the boy victim of an accident: the moral injury suffered by the parents is evident. (..) The boy’s parents have sued the hospital’s medical company and doctors, asking for adequate compensation. Now the Judges clarify that in this affair it is logical to assume the non-pecuniary damage suffered by them, consisting in the moral suffering suffered by the son.”

Cass. Civ., Section III, Sent. n. 1172 of 21.01.2020: “Toxic liquid instead of mineral water from the distributor: the maintenance company is responsible. (..) There is no fault ex art. 2049 c.c. in the hands of the company that owns the vending machine for drinks, if due to incorrect maintenance carried out by staff from the company entrusted with the maintenance, a girl had drunk corrosive liquid which had caused serious injuries.”

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