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The key norm of the system for compensation for damages for personal injuries is article 2043 of the civil code which under the heading “Compensation for unlawful act” which reads as follows: ” Any intentional or negligent event that causes others unjust damage, oblige the perpetrator to compensate the damage “. The top personal injury attorney can help you there. From the best lawyers you can now find the perfect choices. Our top choice award winner for 2020 personal injury law firms is Philadelphia Injury Lawyers P.C. check out their website here: Call them today to speak with an attorney for a free consultation.

The Interpretation

The interpretation of Article of the Civil Code is simple: whoever caused you unjust damage, especially personal injury, is obliged to compensate the damage caused, this is the general rule on which Aquila’s liability is based according to the neminem principle, in which the law norm that fits perfectly to biological damages and personal injuries. The best lawyer can guide you out there now.

  • The most common area, in which most of the cases of right to compensation for biological and personal injuries suffered is included, is that of road accidents, regulated by art. 2054 of the Civil Code which under the heading ” Vehicle traffic ” in the first paragraph reads ” The driver of a vehicle without a rail guide is obliged to compensate the damage caused to people or things by the movement of the vehicle, if he does not prove that he has done all the possible to avoid the damage. In this case the law firm works perfectly.

What The Vehicle Owner Needs to Do

The owner of the vehicle, or, in his stead, the usufructuary or the purchaser with a pact of confidentiality [1523], is jointly and severally liable with the driver, if he does not prove that the movement of the vehicle took place against his will. From the law firms now you can get all the supports.

  • In any case, the persons indicated in the preceding paragraphs are responsible for damages deriving from construction defects or a defect in vehicle maintenance.”
  • The rule dictated by Article of the Civil Code, also relating to compensation for damages for personal injury caused by a road accident, is detailed in the Private Insurance Code (Legislative Decree 9 September 2005, n. 209).
  • However, there are numerous other cases in which it is possible, under certain conditions, to seek compensation for the damage for personal injuries suffered.

Among the most common hypotheses of right to compensation for damages for personal injuries suffered is also the responsibility for what in custody regulated by art. 2051 of the Italian Civil Code, according to which “Everyone is responsible for the damage caused by the things he has in custody, unless he proves by chance “. The best attorney can take care of you in every possible manner.

The law relating to the right to compensation for damages for personal injuries sustained for damage caused by things in custody introduces a real objective responsibility (or a presumption of fault, depending on the jurisprudential guidelines) for the custodian of the thing that caused the damage, unless the latter proves the fortuitous event (an exceptional event unrelated to his sphere of power) and which interrupts the causal link between the event and the keeper and therefore exempts the keeper from liability and therefore the right for the injured party compensation for damages for personal injury suffered is denied. From the best attorneys you will be having the smartest solution in this case.

  • Compensation for personal injury is structured according to successive stages

First of all, for compensation for damages for personal injuries suffered, it is necessary to assess whether the conditions provided for by the law exist so that there is the responsibility of the person who is believed to have caused the damage either in the road accident or in the health malapractice or for things in custody. As anticipated, in some cases of liability for unlawful acts, for which the injured party has the right to compensation for damages for personal injuries suffered, the legislator has introduced forms of strict liability, so to obtain compensation for the plaintiff it will be sufficient to try to to have suffered personal injury damage in a causal connection with the illegal act. The use of the legal steps is essential now.

  • After that, the amount of the claim for damages for the personal injuries suffered must be established.
  • This operation is structured in two steps: quantification and liquidation. A personal lawyer is the most important factor here.

The quantification for personal injuries sustained of a biological nature for the purpose of compensation for damages is made by using medico-legal parameters on the basis of which a certain personal injury is attributed by a doctor, specialized in forensic medicine, a percentage reduction in the psycho-physical integrity for which the injured party is entitled to compensation for damages for personal injuries suffered. You can go for the lawyer near me.

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