Personal Injury

Personal injury includes a series of events ending in a damage to the physical and mental integrity of the person, both within the patrimonial and non-patrimonial spheres, affecting health and fundamental rights. 

According to Italian Law, the damaging party has the duty to restore the victim the previous position prior to the injury by usually paying compensation. This compensation changes according to whether the victim has suffered patrimonial or non-patrimonial damages.

Patrimonial damage is easily assessed in monetary terms and it is distinguished between consequential damage (danno emergente), i.e. the direct damage to assets, and loss of profit, which consists of the loss of earning, directly caused by the injury.

Non-patrimonial damage is more difficult to assess because it consists of injuries to life considered as an asset, such as grief from mourning. This type of damage is generally divided into biological damage, which concerns permanent or temporary damage to the psycho-physical sphere of the injured party, and moral damage, which consists of pain suffered in the personal sphere as a direct consequence of the injury.