Fatal road accidents: find out if you are entitled to compensation

Was there a fatal accident, did a close relative of yours pass away, a person you loved?
Now you feel you need help, you want to have a lawyer by your side who, having already dealt with cases of fatal road accidents, has the right experience.
We are your trusted lawyers, we will help and guide you step by step to solve your case.

Who can claim damages

The spouse, children (even young ones), parents, brothers and sisters, cohabitants but also other relatives and in-laws of the victim of the fatal accident: grandparents, nephews, uncles, cousins, brothers-in-law, etc.
While the so-called close relatives of the victim of the fatal road accident are certainly entitled to claim damages, the other relatives will have to prove a close emotional bond with the deceased person.
Each of these relatives will also be able to act individually to obtain his share of compensation for the damage for the fatal road accident, or the relatives will be able to act all together.

What damages can you claim

In the case of fatal road accidents, in particular, the DAMAGES INCURRED BY THE PERSON WHO DIED IN THE ACCIDENT coexist with the DAMAGES INCURRED BY THE HEIRS.
In general, the principle of non-accumulation between the damages borne by the person who died following the road accident and those borne by his relatives applies; it is therefore necessary to contact the lawyer of AL Assistance Legal to receive information regarding the damages to be claimed, evaluating the individual case.

It is those damages that lead to a decrease in assets. They are represented by all those economic losses that can be added and quantified. They concern the economic sphere and not the physical or moral damages suffered by the individual as a result of the road accident.

They are represented by all those damages caused by the road accident that do not concern the economic sphere and as such cannot be immediately added up and quantified.
Non-pecuniary damages therefore concern the person and not his assets.

Damage suffered by the person who died in the road accident

It can be stated that, in general, the person who died in a road accident has the right to compensation for pecuniary and non-pecuniary damages. In both cases, the right to compensation passes to the heirs.

Damages suffered by the heirs

The heirs have the right to compensation for the moral damages suffered for the suffering caused by the loss of a loved one. They also have the right to payment of any biological damages, if the pain for the loss suffered as a result of the fatal road accident was such as to involve psychic damage (remember that this is due regardless of the damages due to the deceased, which pass to the heirs by succession).
The heirs will also be able to claim financial damages, but only if they are able to demonstrate that the economic loss was due to the death of the next of kin due to the fatal road accident.
Anyhow the damages borne by the person who died in the fatal accident and those borne by the heirs must be considered in a single damage, this to avoid incurring useless duplications. Your A.L. lawyer will be able to give you the best information in this regard, in order to obtain the maximum compensation for the accident that caused the death.

The non-pecuniary damages borne by the close relatives of the deceased following the fatal road accident (i.e. damages borne by the spouse; by children, regardless of age; by parents, brothers and sisters) are owed.

On the other hand, with regard to more distant relatives, such as grandparents, nephews, uncles, cousins, brothers-in-law, etc. It is necessary to demonstrate the existence of an emotional bond or coexistence with the person who passed away following the fatal road accident. A still different situation is that of the cohabitant, for whom some precautions will be necessary in the defense.

Psychic damage is to be considered as a category of biological damage (and not of moral damage, as erroneously understood by some).

By psychic damage we mean the damage suffered as a result of a serious harmful event, such as the loss of a loved one due to a fatal road accident, following which a compromise of the subject’s psychic balance is detected. This can be evaluated by a psychiatrist with a percentage score, as is the case for biological damage.

The existence of pecuniary damage, i.e. the loss of income following the fatal road accident, may also be recognized for the closest relatives.

To give an example, the younger son who is deprived of the economic support of his father, who died prematurely due to a fatal road accident, if the family is single-income, this can request compensation for damages consisting of the loss of income due to the premature death of the parent.

The non-pecuniary damages borne by the close relatives of the deceased following the fatal road accident (i.e. damages borne by the spouse; by children, regardless of age; by parents, brothers and sisters) are owed.

On the other hand, with regard to more distant relatives, such as grandparents, nephews, uncles, cousins, brothers-in-law, etc. It is necessary to demonstrate the existence of an emotional bond or coexistence with the person who passed away following the fatal road accident. A still different situation is that of the cohabitant, for whom some precautions will be necessary in the defense.

Psychic damage is to be considered as a category of biological damage (and not of moral damage, as erroneously understood by some).

By psychic damage we mean the damage suffered as a result of a serious harmful event, such as the loss of a loved one due to a fatal road accident, following which a compromise of the subject’s psychic balance is detected. This can be evaluated by a psychiatrist with a percentage score, as is the case for biological damage.

The existence of pecuniary damage, i.e. the loss of income following the fatal road accident, may also be recognized for the closest relatives.

To give an example, the younger son who is deprived of the economic support of his father, who died prematurely due to a fatal road accident, if the family is single-income, this can request compensation for damages consisting of the loss of income due to the premature death of the parent.

The lawyers of A.L. Assistenza Legale will be able to best advise you on which types of damages to ask for in order to obtain the maximum compensation in the event of a fatal road accident in a car or a fatal road accident on a motorbike.

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