Moloney & Co. is very pleased to announce that our new Italian international Personal Injury Law Partners are MB.O Studio Legale Bona – Oliva & Associati.
MB.O is an independent law firm, based in Turin, which operates in Italy and abroad, representing national and foreign clients who, have been injured in Italy or, regardless of the place of accident, are entitled to file a claim for damages against Italian defendants. Their team of experts are committed to helping clients identify the responsible parties, understand their rights and obtain fair and complete compensation.
Among the team of professionals at MB.O, led by Umberto Oliva, Giulia Cantini Cortellezzi and Marco Bona, there are several areas of specialist expertise including public and private employment law, and, civil and criminal liability for victims. Matters dealt with include:
- medical malpractice/negligence liability
- accidents caused by the use of vehicles and by road-traffic defects
- air, rail and maritime disasters
- occupational accidents and diseases
- damage arising from defective products that are insecure or harmful
- accidents occurring in the course of sporting activities and during holidays e.g. skiing accidents, slipping and tripping cases and virus outbreaks
- protection of health and safety at work
- compensation for accidents at the workplace
The Personal Injury system in Italy
Under Italian law, a victim is entitled to claim compensation for pecuniary and non-pecuniary losses, if there is proof of their occurrence and the causation link with the injuries sustained.
Pecuniary losses recoverable are loss of earnings, medical and nursing costs/expenses, care and assistance provided by professional care-givers, travelling expenses/accommodation, aids, adaption and equipment.
Non-pecuniary damages – awarded by considering statutory and judicial tariffs – are dependent upon the assessment of “danno biologico” (or “biological damage”,) carried out by Italian “medici legali” (or “forensic doctors”). The “medici legali” describe the injuries sustained by the victim, the medical treatment, an opinion on the impact of the injuries on the victim’s life (including working activities), and the medico-legal evaluation of the injuries and their consequences.
In the case of fatal accidents, family members (spouses, parents, children, brothers and sisters, grandchildren) are entitled to claim compensation for pecuniary and non-pecuniary losses suffered because of the primary victim’s death (“azione iure proprio”).
Where the primary victim does not die as a result of the accident but is disabled with a physical and/or psychiatric injury, secondary victims – mainly family members – may be entitled to claim both pecuniary and non-pecuniary losses.
Limitation periods for Italian Injury Claims
There are different limitation periods for actions in tort, contract, and criminal proceedings:
- actions in tort: five years;
- road-traffic accidents: two years (the same period applies to direct actions against insurance companies) for material damages only; claims for personal injuries and fatal accidents are subject to the longer limitation periods provided by criminal law (five years as a minimum);
- actions in contract: ten years;
- transport cases: one year;
- employers’ liability: ten years for actions in contract; five years for actions in tort;
- product liability: three years from the day on which the injured person was or should have been aware of the damage, the defect, and the name of the person liable;
- tour operators’ liability: three years for personal injury and fatal accident damages; one year for damages other than personal injury damages.
It is possible to interrupt time running for limitation purposes:
- by service of proceedings/mediation procedures/negotiation procedure assisted by lawyers;
- by sending the defendant(s) a registered letter of claim with a return receipt.
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
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