16 th European Traffic Law Days
Budapest,
8 and 9 October 2015
WORKSHOP “SETTLEMENT OF FATAL ROAD ACCIDENT CLAIMS”
ITALY – MICHAEL PICHLER, LAWYER
Workshop
“Settlement of
fatal road accident claims”
The victim:
40-‐year-‐old father of two, employee net monthly earnings €2,500
His wife (age 35):
Net earnings €1,200 Their children:
Ages 2 and 12
Domestic responsibilities:
The wife 70%, the husband 30%
Household cost:
Rented home (monthly cost €1,000 incl. ancillary costs) Car (monthly cost €200)
The wife learned about her husband’s death from the police
Case 1
Workshop
“Settlement of fatal road
accident claims”
Italian law:
◦ 1. Loss of support wife/children :
◦
Eligibility
:Rightful claimants are the heirs of the deceased.
◦
Claim
:The calculationisbased on the deceased’s net income
(net income – quota sibi) x life expectancy coefficient -‐ 10% risk
◦ 2. Claims for damages for pain and suffering :
2.1 “danno morale” non-‐patrimonial claim for the loss of a family member (danno da perdita della relazione parentale)
◦
Eligibility
:Rightful claimants are the heirs of the deceased.
◦
Claim
:The calculation is based on the Milan Higher Regional Court scales in consideration of the closeness of the relation between the deceased and the claimant. The level of compensation in this case is between
€163,080 and €326,150 for the wife and children
Case 1
Workshop
“Settlement of fatal road
accident claims”
Italian law:
2.2 “danno non patrimoniale / biologico” non-‐patrimonial claim for pain and suffering
◦
Eligibility :
Rightful claimants are the heirs of the deceased.
They must prove that they sustained medically measurable harm from the death.
◦
Claim :
The calculation is based on the Milan Higher Regional Court scales.
◦ 3. Loss of housekeeping capacity
Recoverable in Italy subject to proof that such expenses were necessary and have actually been incurred
◦ 4. Miscellaneous claims (funeral expenses, ...)
All costs in connection with the death that can be proved must be compensated.
Case 1
Workshop
“Settlement of
fatal road accident claims”
The victim:
40-‐year-‐old father of two, self-‐employed, no staff net monthly earnings €4,000
His wife (age 35):
Net earnings €1,200 Their children:
Daughter, age 2; son, age 18, has finished school, wants to go to college
Domestic responsibilities:
The wife 70%, the husband 30%
Household cost:
Rented home (monthly cost €1,500 incl. ancillary costs) Car (monthly cost €400)
The wife saw her husband die at the scene of the accident
Case 2
Workshop
“Settlement of fatal road
accident claims”
Italian law:
◦ 1. Loss of support wife/children:
◦
Eligibility
:Rightful claimants are the heirs of the deceased.
◦
Claim
:The amount of the claim is calculated on the basis of the deceased’s net income. Here, evidential difficulties may arise. The calculation is based on the average of the past 3 fiscal periods, unless considerably higher
potential earnings of the deceased can be proved.
(net income – quota sibi) x life expectancy coefficient -‐ 10% risk
◦ 2. Claims for damages for pain and suffering:
2.1 “danno morale” non-‐patrimonial claim for the loss of a family member (danno da perdita della relazione parentale)
◦
Eligibility
: Rightful claimants are the heirs of the deceased.◦
Claim
: The calculation is based on the Milan Higher Regional Court scales in consideration of the closeness of the relation between the deceased and the claimant. The level of compensation in this case is between €163,080 and €326,150 for the wife and childrenCase 2
Workshop
“Settlement of fatal road
accident claims”
Italian law:
2.2 “danno non patrimoniale / biologico” non-‐patrimonial claim for pain and suffering
◦
Eligibility :
Rightful claimants are the heirs of the deceased.
They must prove that they sustained medically measurable harm from the death.
◦
Claim:
The calculation is based on the Milan Higher Regional Court scales.
◦ 3. Loss of housekeeping capacity
Recoverable in Italy subject to proof that such expenses were necessary and have actually been incurred
◦ 4. Miscellaneous claims (funeral expenses, ...)
All costs in connection with the death that can be proved must be compensated.
Case 2
Workshop
“Settlement of fatal road
accident claims”
The victim:
Young man, age 17
was supposed to graduate from school at 18
The plan was to go to medical school (for which he was qualified)
Severest injuries leading to death within 1.5 hours without regaining consciousness
Family:
Father, age 47, net monthly earnings €2,500 Mother, age 38, employed,
Net monthly earnings € 1,200 1 brother, age 15
1 sister, age 12
The mother was informed of her son’s death by the police, The mother informed the other members of the family
Case 3
Workshop
“Settlement of fatal road
accident claims”
Italian law:
◦ 1. Loss of support wife/children:
◦
Eligibility
:Rightful claimants are the heirs of the deceased. They must prove that parents or siblings had a reasonable expectation of financial support from the deceased;
◦
Claim
:The amount of the claim is calculated on the basis of the deceased’s projected net income
(net income – quota sibi) x life expectancy coefficient -‐ 10% risk
◦ 2. Claims for damages for pain and suffering:
2.1 “danno morale” non-‐patrimonial claim for the loss of a family member (danno da perdita della relazione parentale)
◦
Eligibility
: Rightful claimants are the heirs of the deceased.◦
Claim
: The calculation is based on the Milan Higher Regional Court scales in consideration of the closeness of the relation between the deceased and the claimant. The level of compensation in this case is between €163,080 and €326,150 for the parents and between€23,600 und €141,620 for the siblings
Case 3
Workshop
“Settlement of fatal road
accident claims”
Italian law:
◦ 2.2 “danno non patrimoniale / biologico” non-‐patrimonial claim for pain and suffering
◦
Eligibility :
Rightful claimants are the heirs of the deceased.
They must prove that they sustained medically measurable harm from the death.
◦
Claim :
The calculation is based on the Milan Higher Regional Court scales.
Case 3
Workshop
“Settlement of fatal road
accident claims”
Italian law:
◦ 2.3. “danno morale iure hereditario” – non-‐patrimonial claim of the victim passed by way of inheritance
;◦
Eligibility
:Rightful claimants are the heirs of the deceased.
They must prove that there was a period of survival between the accident and death, where the deceased was suffering pain.
◦
Claim:
The calculation is based on the Milan Higher Regional Court scales.
The non-‐patrimonial loss for the 17 year-‐old deceased would amount to
€1,090,862.19 The sum would have to be split between the heirs.
Case 3
Workshop
“Settlement of fatal road
accident claims”
Italian law:
◦ 3. Loss of housekeeping capacity
No award available
◦ 4. Miscellaneous claims (funeral expenses, ...)
All costs in connection with the death that can be proved must be compensated.
