Damages To Be Compensated And Quantified: The Best Lawyers
The subject victim of slight, serious, very serious, micropermanent or macropermanent personal injuries, both from road accident, from health malpractice, and from aggression, has the right to obtain compensation for all damages suffered, both of a financial nature and of a non-pecuniary nature asset. From the best Lawyers you can now find the perfect choices. If you were involved in a personal injury or car accident, contact our partner law firm: Philadelphia Injury Lawyers P.C. for a free consultation today.
The Right Damage Claims
For non-pecuniary damages, without claiming the exhaustive list, biological damage can be compensated, understood as the damage to the psycho-physical integrity of the person and quantified in percentage points of permanent disability and days of temporary disability; the moral damage, understood as subjective inner suffering that a person suffers due to the injuries suffered, is compensated and is quantified with a fraction of the biological damage where suffered or according to jurisprudential parameters; existential damage is compensable. From the top personal injury lawyer you can get the best services now.
- As regards the income and economic sphere of the injured party, on the other hand, the damage caused by incapacity for work is generic, which is quantified on an equal basis in a fraction of the biological damage; the damage due to specific incapacity to work is quantified, which is quantified on the basis of the percentage of specific incapacity assigned by the coroner, which is multiplied with the income of the victim of the road accident and for the quantification a calculation is finally carried out with a formula specifies with de-multiplication based on the victim’s survival coefficient calculated according to the age of the victim of the accident.
What is the Pecuniary Damage
The pecuniary damage from loss of profit and emerging damage are compensable, that is, the direct economic losses suffered due to the illicit act and the lost profits that would have been achieved if the aggression had not occurred; the quantification for road accidents and damages from health malpractice is carried out on the basis of article 137 of the code of private insurance which under the heading “property damage” reads:
“In the case of personal injury, when the impact of temporary disability or permanent disability on a qualifying work income must be considered for the effects of compensation, this income is determined, for the employee, on the basis of work, plus tax-free income and gross of deductions and withholding taxes, which is the highest among those of the last three years and, for self-employment, on the basis of net income which is the highest among those declared by the injured party for the purposes of personal income tax in the last three years or, in the cases provided for by law, by the specific certification issued by the employer in accordance with the law. 2Proof to the contrary is admitted in any case, but, when it proves that the income is more than a fifth higher than that resulting from the acts indicated in paragraph 1, the judge reports it to the competent office of the Revenue Agency. 3. In all other cases, the income that must be considered for compensation cannot be less than three times the annual amount of the social pension.”
The Right Compensation
Compensation for non-pecuniary damage is generally assessed and quantified through the use of the tables of the Court, on the basis of which it is possible to give a monetary value to the permanent disability score and the temporary disability suffered by the offended subject.
This quantification, carried out on an equitable basis and therefore the same for all, still leaves the judge free to order a personalization of the non-patrimonial biological damage, i.e. an increase in percentage of the compensation, when singularities and peculiarities are found in the case examined other than the ordinary.
For example, a hand injury for those who carry out manual work by profession has a different impact and worse consequences than those who deal with intellectual work.
Compensation For Minor Personal Injury
In the case of defined minor personal injuries, the right to compensation is unchanged, compensation for damage from road accident and medical malapractice for which compensation for damage from minor injuries, understood as micro-permanent up to 9% of invalidity, is subject to exceptions, it is carried out on the basis of the quantification according to the baremès introduced by the Ministry of Health.
With reference to compensation for damage for minor personal injuries in criminal law, a distinction must be made between very slight and minor injuries, in fact, article 582 of the penal code requires the prosecution of a complaint for very slight injuries, i.e. under 20 days, while for compensation for damages from minor personal injuries or above 20 days and up to 40 days, the prosecution proceeds ex officio and for compensation it will be necessary to file a civil action, or a civil action. The same applies to serious and very serious personal injuries.
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