Whether the loss comes from an accident, a breach of contract or someone's negligence, Italian law allows you to be compensated. Understanding what can be claimed, and by when, makes the difference between a strong claim and a lost one.
What you can claim
Italian law distinguishes two broad kinds of damage:
- Financial loss (danno patrimoniale): both the actual loss suffered, such as repair costs or medical expenses, and the income or profit you lost as a result (Article 1223 of the Civil Code).
- Non-financial loss (danno non patrimoniale, Article 2059): including injury to health (danno biologico), assessed by a forensic doctor, and the suffering caused by the event.
Deadlines
Claims are subject to limitation periods. As a general rule:
- 10 years for claims arising from a contract (Article 2946);
- 5 years for damage caused outside a contract (Article 2947);
- 2 years for damage caused by road traffic.
Where the facts also amount to a crime, a longer period may apply. A written formal demand (messa in mora) interrupts the limitation period, so it is worth sending one early.
Evidence to collect
- Photographs of the damage and the place where it happened, taken as soon as possible;
- names and contact details of witnesses;
- medical records, emergency-room reports and receipts for every expense;
- contracts, invoices and correspondence with the other party or their insurer;
- evidence of lost income, such as payslips or invoices for work you could not do.
How claims are usually resolved
Most claims start with a formal demand and negotiation, often with an insurer. For several types of dispute, including medical liability and insurance claims, an attempt at mediation or a preliminary technical assessment is required before going to court. A lawyer can value the claim properly, including interest and inflation adjustment, and advise whether an offer is fair.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.