Car accidents in Italy: the family of the victim is entitled to compensation.

The death of a relative in a car accident is always a tragic event. When this tragedy happens in a foreign country, in addition to the pain for the loss of our family, we also suffer the discomfort caused by the difficulties to obtain a fair compensation. Not all countries provide for compensation for the damages suffered by the relatives for the loss of family relationship. In some countries foreigners are not protected like the nationals.

Fortunately, Italy is not one of these countries. The Italian Law provides that the relatives of the victims of car accidents are entitled to compensation for all damages suffered by the family according to the inheritance law and also for the existential and moral damages suffered for the loss of the parental relationship.

After a fatal car accident, the offender will be prosecuted for manslaughter according to the Italian Penal Code. The relatives of the victim may bring a civil action in the criminal proceedings, although it is not necessary. In fact, according to the Italian legal system, the victim's family may ask for damages to the offender and its insurance company also in a civil court. 

In any case, we recommend that the victim's family attend the criminal proceedings. Generally, if the criminal court considers the defendant as guilty, it refers to the civil court for the determination of the damages, but, in the same time,  the criminal court may establish an advance to be paid in favor of the family at the end of the criminal trial. In addition, once ascertained the guilt of the accused in the criminal trial, many times the insurance of the offender offers a compensation for the damages to the relatives, in order to avoid a civil action.

In any case, the best strategy also depends by the circumstances of the case and a deep investigation.

If you need assistance about fatal car accident in Italy, don't hesitate to contact Lawyers in Italy

Please see also:

Personal injury and car accident lawyers in Italy

The compensation to relatives for the loss of family relationship according to Italian Law

Fatal car accident under the Italian penal code

Car accidents in Italy

Car accidents involving pedestrians in Italy