CIVIL LAW: COMPENSATION FOR DAMAGES – SERIOUS ACCIDENTS

We understand that experiencing a serious accident is a traumatic experience.

The DNL Law Firm is competent in making this process as simple as possible for our national and international clients.

The DNL Law Firm will explain all your legal rights and guarantee their protection.

Attorney Denis Nunga Lodi will provide you with clear and precise advice to help you understand all factual and legal issues related to the accident.

Attorney Denis Nunga Lodi can assist you in obtaining what you are entitled to.

Being an expert in personal injuries, Attorney Denis Nunga Lodi will ensure that proper liability is assigned and will make sure those responsible pay for the physical, mental, and financial damages caused.

Attorney Denis Nunga Lodi handles compensation claims for individuals who have suffered injuries, whether minor or serious, resulting from:

• Road traffic accidents

• Accidents during holidays and abroad

• Medical negligence

If you decide to initiate a lawsuit with our law firm, you will not pay legal fees upfront.
The DNL Law Firm works on a contingency fee basis: the firm's fees will be paid only if a financial settlement favorable to you is reached.

Attorney Denis Nunga Lodi assists victims throughout the national territory and abroad in cases of medical malpractice, road accidents, workplace injuries, violent crimes, and defamation. If the damage is caused by the fault or intentional act of another, the victim is entitled to compensation.

If you or a relative have suffered injuries due to the negligent or intentional behavior of another person, company, or public entity, you may be entitled to compensation.

The DNL Law Firm, with experience in damage compensation, can help you obtain justice by securing compensation aimed at restoring the damages suffered and deterring the responsible party from repeating the behavior that caused the damage.

After contacting the DNL Law Firm, you will be put in touch with a lawyer who will provide you with basic guidance and instructions to obtain a free consultation to determine whether there are grounds for compensation in your case.

We handle nearly all cases without requiring advance payments and accept compensation only in the event of a successful outcome. This means you pay nothing unless you receive compensation.

Why do you need a lawyer experienced in damage compensation?

A serious accident or medical malpractice can have more significant consequences than you might imagine. The victim suffers not only physical and economic harm but also moral and existential damage. Such damages can also be suffered by the victim’s family members.

All of this due to someone else’s negligence.

Initially, victims might think that after a compensation claim, the responsible party will come forward and offer to settle the dispute amicably. But that is not how it works. Normally, the responsible party will do everything to avoid or delay payment or, at best, involve their insurance company. Although it is desirable that the responsible party has insurance coverage, insurance companies often seek to deny or reduce compensation payments even to victims whose damages are clearly attributable to another’s fault.

The only way to obtain justice and fair compensation for your damages is to file a compensation claim.

This is not a task you can handle alone. The procedure for injury or medical malpractice claims is particularly complex and requires the assistance of a team of medical and legal professionals.

What is Damage Compensation?

Damage refers to an injury, illness, or economic loss that may have been caused (or worsened) by someone else’s fault. Damage compensation is a legally provided procedure aimed at repairing an unjust damage—that is, a damage caused by fault or intent. If you have suffered damage, you may be able to file a claim against those responsible.

Claims generally must be made within five years from the date of the accident (or from the date your illness was diagnosed).

Difference between compensation and indemnity

Compensation, as mentioned above, is the legal remedy to repair unjust damage. Its distinguishing features are its legal basis and the injustice of the damage. Indemnity, on the other hand, is granted by law regardless of the finding of unjust damage (thus even in cases where there is no obligation to compensate the harm caused). These are cases where the law deems it appropriate that the injured party receive a sum to balance a situation that might otherwise be unfair.

An example is the indemnity under Decree No. 210/1992 for victims of permanent damages caused by mandatory (or strongly recommended optional) vaccinations and administration of transfusions and blood products. This indemnity is granted regardless of any liability of the healthcare facility, doctor, or pharmaceutical company.

How much compensation could I receive?

The consequences of the same injury or illness vary from person to person. Therefore, the amount of compensation cannot be calculated without a medico-legal evaluation of your injuries. Our forensic doctors can accurately assess the amount of compensation you may obtain based on your particular circumstances to ensure you receive the compensation you deserve.

What types of damages are compensable?

Every personal injury case is different, so there is no fixed amount of compensation. The amount you will receive depends on your circumstances, the severity of your injuries, and the duration of disability caused by them.

To calculate your compensation, we will consider factors such as:

• Expenses incurred – including travel costs for medical appointments, medical equipment, devices, and surgeries.

• Loss of earnings (loss of profit) – the decrease in past and future income caused by the injury (e.g., inability to perform the same duties or to return to work).

• Biological damage – the amount corresponding, based on damage compensation tables, to days of temporary incapacity and/or the percentage of permanent disability caused by the injury. For more information on biological damage and its criteria, visit the "Biological Damage" page.

• Existential damage – impairment of personal and social life caused by the disability resulting from the injury.

• Moral damage – suffering caused by the injury to the victim.

What are the prerequisites for damage compensation?

The right to compensation exists when all of the following conditions are met:

• Unlawful conduct: The active or passive conduct causing the damage must be negligent (contrary to standards of skill, prudence, and diligence) or intentional (deliberately aimed at committing a crime).

• Unjust damage: Article 2043 of the Civil Code states: "Any willful or negligent act that causes unjust damage to another obliges the person who committed it to compensate for the damage." The injustice can be invoked by the injured party whenever it results from unlawful conduct.

• Causal link: The harmful conduct must be causally linked to the damaging event. Compensation is not owed if the unlawful conduct is unrelated to the damage, for example, if the damage was caused by a pre-existing health condition.

For which types of accidents and injuries can I obtain compensation?

For over ten years, the DNL Law Firm has successfully represented clients in the following areas of damage compensation.

The frequency rate of accident-related damages in Italy is alarming. Every year, tens of thousands of people are taken to emergency rooms for injuries sustained in negligent or intentional accidents.

Countless other victims of accidents do not go to the emergency room, such as victims of domestic abuse and injuries.

When it comes to personal injury claims, the type of accident involved is less important than factors such as the type of injury and the responsible parties. However, not all types of accidents are equivalent.

The legal rules to be followed vary depending on the type of accident causing the damage. A car accident may involve specific insurance coverages such as personal injury protection and legal expenses. Claims for damages caused by road defects or hazards may require different types of evidence, such as photos and videos, to prove fault.

To effectively pursue your compensation claim, you need a lawyer who understands the complexities of accidents like yours — a lawyer experienced in handling damage compensation cases.

Below are some of the types of accidents that the DNL Law Firm deals with on a daily basis:

MEDICAL MALPRACTICE

In the healthcare sector, even the smallest mistake can have devastating effects on the patient and their family, causing both health and economic damages.
Healthcare facilities and medical personnel have a specific duty of care towards the patient. When the leges artis of medicine or the guidelines are not respected and the patient consequently suffers an impairment of their psycho-physical integrity, this can be defined as "medical malpractice." In such cases, the patient has the right to be compensated both for health damages and for the resulting economic, existential, and moral damages. Furthermore, healthcare facilities are required to establish insurance mechanisms precisely to compensate patients who have suffered a deterioration in health due to their error.
The Law Firm Nunga Lodi assists victims of medical malpractice or their relatives to understand if the injury suffered was actually caused by a medical error and, if so, to obtain compensation for medical malpractice damages.

Medical Malpractice in Childbirth
When a doctor fails to identify a complication during prenatal visits or to provide adequate treatment in case of fetal distress during labor and delivery, the child may suffer irreversible damages. Lawyer Denis Nunga Lodi has helped many families determine whether the damage suffered by their child was caused by negligent medical conduct. Our lawyers are aware of the psychological and economic consequences that childbirth-related damages can have on the entire family. Our goal is to obtain the necessary financial resources for the family to ensure the best possible quality of life for the child and the family itself.

Road Accidents
While technical progress in safety continues to make vehicles "safer," the main cause of road accidents increasingly lies in driver error. Our law firm is knowledgeable about the causes of road accidents, the insurance companies frequently involved, and strategies aimed at maximizing the chances of obtaining compensation.
If the damage is caused by a collision with a car, a coach, a truck, or a motorcycle, the case falls under road traffic accidents governed by the Private Insurance Code. Even if the injury involved a passenger, a pedestrian, or a cyclist, it is possible to claim compensation from the driver responsible for the accident under the regulations mentioned above.
Lawyer Denis Nunga Lodi will do everything possible to resolve your road accident claim, from the extrajudicial phase through mediation and up to litigation.

Injuries to Children
Despite efforts to protect our children, dangerous situations commonly arise in a variety of contexts where children are frequently present. When the negligent conduct of others, unsafe premises, or the conduct of those responsible for supervising the minor cause harm to the minor, the parents can claim compensation in their capacity as guardians of their child. Lawyer Denis Nunga Lodi has experience representing parents of children injured in various contexts.

Workplace Injuries
Every day, thousands of workers go to factories and construction sites with the goal of dedicating a full day to work and helping support their families. When companies prioritize profits over employee safety, basic safeguards and common sense may be ignored, resulting in an increased risk of serious workplace injuries. A workplace accident has a significant impact not only on the injured worker but also on their family. Injuries can seriously impair the worker’s ability to work and thereby affect the family’s economic support. In these situations, the sums paid by INAIL are often insufficient. Our lawyers are aware of the serious consequences a workplace accident can have on a worker’s family and do everything possible to secure compensation exceeding the amount provided by INAIL.

Motorcycle Accidents
Motorcycle accidents often result in true tragedies with strongly negative repercussions both on the social life of the injured party and the income of their family.
If you or a relative have suffered physical injuries in a motorcycle accident caused by someone else, you have the right to compensation. Compensation may cover biological damage, moral damage, existential damage, material damages to the motorcycle, and any other expenses related to the accident.
Lawyer Denis Nunga Lodi assists motorcyclists and their relatives nationwide who have been victims of accidents.

Truck Accidents
Accidents involving trucks can be complex and often involve multiple parties including transporters, drivers, logistics companies, and producers and distributors of corporate products. The DNL law firm has experience handling compensation claims for individuals injured in collisions involving all types of trucks.

Construction Site Accidents
For men and women earning their living in construction, each workday presents a range of injury risks. Lawyer Denis Nunga Lodi understands that even when workers exercise the utmost caution on-site, injury risks remain due to inherently dangerous conditions and companies prioritizing profits over workplace safety investments. The physical and financial impact of an injury on a construction worker and their family can be devastating. If you have been injured on a construction site, our lawyers experienced in construction site accidents will do everything possible to help you obtain the compensation you deserve.

Road Anomalies and Various Hazards
Unmarked dangers within private properties or public places can cause personal injuries. Owners and managers have a specific duty of care. If there is a causal link between the object in custody and the damage caused, regardless of the danger posed by the object, the custodian is liable and must compensate for the damage. Injuries sustained in such places may be compensated when the hazard or trap is both invisible and unforeseeable.
The NDL Law Firm has experience assisting people injured due to accidents in shopping centers, airports, train stations, theme parks, schools, public gardens, etc. For more information, visit the page on Road Anomalies and Various Hazards.

Medical Malpractice in Nursing Homes and Residential Care Facilities
Nursing homes and residential care facilities provide essential medical care for elderly patients requiring short- or long-term care. The elderly person admitted to a nursing home, rehabilitation center, or healthcare facility and their relatives have the right to adequate and dignified treatment. Unfortunately, medical malpractice incidents can occur due to disorganization, staff shortages, or unqualified personnel.
If you believe a loved one has been improperly cared for, mistreated, or abused in a care facility for the elderly, contact our firm to see if our lawyers can assist you in a damage claim.

Bicycle Accidents
Bicycling can be fun and a healthy alternative to driving. However, cyclists are exposed to risks, often serious, mainly caused by drivers' negligence. The Nunga Lodi Law Firm can assist cyclists injured nationwide at all stages of the compensation process.

Dog Bites
Lawyer Denis Nunga Lodi, experienced in damage compensation, assists dog bite victims throughout Italy. According to Italian law, the dog owner is "responsible" for injuries caused by their animal. The Civil Code states that the dog owner or handler is liable for damages caused by the animal, whether under custody or lost/escaped. Many dog bites occur at friends' or relatives' homes, leading victims to hesitate in seeking compensation. However, it is important to remember that, in most cases, the dog owner’s insurance will directly cover the damages. If you or a loved one have been bitten by a dog in Italy or abroad, do not hesitate to contact the Stefano Gallo Law Firm. Our experienced dog bite damage lawyers will assess whether you have grounds for compensation, quantify the damages, and assist in claims against the dog's owner.

Inadequate Security and Personal Injuries from Crimes
You have the right to expect that public or private places you visit are safe. Sometimes, however, private facilities (e.g., shopping centers) may lack adequate security measures to prevent visitor risks.
If you have suffered personal injuries during a robbery or other crime that could have been prevented by proper security measures, you may be entitled to compensation from the property owner.

How to Choose a Lawyer Experienced in Damage Compensation

Damage compensation cases are complex, and applicable laws vary depending on the type of damage and circumstances.
It is therefore essential to consult a law firm experienced in damage compensation cases. Well over 90% of personal injury defendants are insurance company clients. The insurance adjuster’s first line of defense is to offer the minimum compensation. It is important that your case is managed from the start by a lawyer who knows how to counter the adjuster’s arguments.

A lawyer specialized in damage compensation will conduct negotiations with the adjuster or opposing counsel and determine if their offer is worthy of consideration or if litigation is necessary to obtain a judgment.

Tip No. 1: Don’t look for the "best damage compensation lawyer." Instead, find the lawyer or law firm you consider best suited for you and your case.
The truth is there is no "best lawyer or law firm." What matters is finding the lawyer or law firm best suited to your specific case. Law is broad, and different lawyers specialize in different areas. For example, a labor law attorney may not have experience in medical malpractice. It is equally important to find a lawyer and firm you trust and who align with your interests.

Each accident is unique. Your case may fit one of the categories above, but factors like identifying the responsible party, accident dynamics, causal links between conduct and injuries, and medico-legal assessment vary case by case.

The DNL Law Firm handles personal injury compensation. With over 10 years of experience, DNL has dealt with nearly every imaginable type of accident. Lawyer Denis Nunga Lodi has the experience and skills to guide you through the compensation process.

ROAD ACCIDENTS: Including pedestrian and cyclist injuries and passenger damages
VIOLENT CRIMES: We obtain state compensation for victims of violent crimes
DAMAGE FROM BLOOD DERIVATIVES AND TRANSFUSIONS: We obtain state compensation for victims of blood-related damages
MEDICAL MALPRACTICE: Errors in diagnosis and treatment, birth injuries to newborns
MASS TRANSPORT: Train, air, maritime accidents, bus incidents in Italy and abroad
ROAD ANOMALIES AND HAZARDS: We assist victims of damages caused by potholes or anomalies on private or public roads
FATAL DAMAGES: We assist survivors and relatives of fatal accidents

What We Offer

Case Analysis

We will listen to your story of medical malpractice and provide you with information on legal strategies to pursue compensation for damages due to medical negligence. Your story matters!

Assistance Throughout Italy

We can assist you or your relatives in any region of Italy, including the islands.

No Win, No Fee

You will only pay our team if we successfully obtain compensation for you and/or your family. If we do not achieve a result, you owe us nothing!

Impartial Medical Consultants

We collaborate with medical consultants from every branch of medicine to help determine whether medical errors related to the damage you suffered have occurred.

Our Areas of Expertise

We assist with medical malpractice cases involving the following types of damages:

• Birth injuries

• Brain injuries to newborns

• Death due to hospital-acquired infections

• Serious injuries due to emergency room errors

• Serious injuries or death from diagnostic errors

• Serious injuries or death from treatment errors

• Serious injuries or death from intraoperative errors

• Serious injuries or death from blood transfusions and blood products

Lawyer with Experience in Road Accidents

Attorney Denis Nunga Lodi has over ten years of experience assisting victims of road accidents in Italy and abroad.

If you have suffered serious injuries in a road accident for which you were not at fault, you have the right to claim full compensation for all physical and economic damages: temporary or permanent health impairment, vehicle mechanical damages, medical expenses, and loss of income resulting from the accident.

Accident circumstances can be complex and difficult to prove. To obtain fair compensation, it is best to rely on a lawyer specialized in road accidents.

Only an experienced lawyer like Attorney Denis Nunga Lodi can identify all damages caused by the accident and skillfully negotiate with insurance companies or opposing parties.

Attorney Denis Nunga Lodi has extensive experience assisting victims of accidents involving cars, motorcycles, trucks, bicycles, pedestrians, public transport, and uninsured vehicles.

Our firm, DNL, adopts an efficient approach aimed at optimizing both time and results. Each case is carefully analyzed from both a legal and medico-legal perspective.

Only cases with grounds for compensation are accepted. Our experienced road accident lawyers are compensated only upon winning the case. No upfront fees are required from clients during the process.

Determining Fault in Road Accidents

According to Articles 2043 and 2054 of the Italian Civil Code, anyone who causes damage must compensate the victim, restoring them to the position they would have been in had the damage not occurred.

Drivers are therefore obliged to compensate for any damage caused to people and/or property through the use of their vehicle.

In accidents involving two or more vehicles, the law presumes, until proven otherwise, shared fault, meaning all drivers contributed equally to the collision.

It is important to remember that the vehicle owner is jointly liable with the driver unless proven that the driver used the vehicle against the owner’s will.

In any case, the owner remains responsible for damages caused by vehicle defects or lack of maintenance.

Useful Advice After a Road Accident

What you do immediately after an accident can affect your case outcome. The most important steps are:

1. Call the police and ensure immediate medical care.

2. Avoid discussing fault or physical condition, except to request police or ambulance assistance if needed. Limit discussion with other parties to exchanging names, insurance information, and vehicle registration numbers.

3. If possible, take photos of the vehicles involved.

4. Undergo a medical check-up on the same day at the nearest emergency room or with your trusted doctor.

5. Do not make statements or sign documents if contacted by the other party’s insurance company; insurers often try to minimize payouts rather than ensure fair compensation.

6. Never admit fault.

7. Contact a lawyer specialized in road accidents.

Types of Road Accidents

Road accidents occur in various forms, including:

• Rear-end collisions

• Head-on collisions

• Side collisions

• Vehicle rollovers

• Pedestrian strikes

• Multi-vehicle pileups

• Hit-and-run accidents

• Accidents in parking garages

• Accidents caused by cellphone use

Common Vehicle Types Involved

• Motorcycle accidents

• International car accidents

• Accidents involving trucks or articulated lorries

• Public transport accidents

• Bicycle-car accidents

Common Causes of Road Accidents

While every accident has unique circumstances, common causes include:

• Distracted driving (texting, phone use, eating, adjusting GPS/radio, talking to passengers)

• Excessive speed

• Driving under the influence of alcohol (causing 30-35% of accidents in Italy)

• Fatigue, reckless driving, vehicle defects, poor weather, and road anomalies

Most Frequent Causes

• Driving while intoxicated

• Traffic law violations

• Cell phone distractions

• Texting while driving

• Falling asleep at the wheel

• Poor road maintenance

• Speeding

• Eating or drinking while driving

• Using GPS, radio, or CD player

• Consulting maps

• Driving while tired

• Driving under influence of drugs or prescription medication

• Failure to use indicators

• Failure to yield

• Running red lights or stop signs

• Unsafe lane changes

Common Injuries from Road Accidents

Accidents can cause painful and debilitating injuries, particularly to:

• Neck and Back: Whiplash, herniated discs, radiculopathy, paralysis

• Brain and Head Trauma: From mild concussions to fatal brain injuries, including those caused by airbags

• Fractures: Arms, legs, wrists, ankles, clavicles, pelvis

• Burns: From friction or fire, ranging from first to third degree

• Amputations: Partial or full loss of limbs due to severe trauma

• Cuts and Lacerations: Often requiring stitches

• Vascular Injuries: Damage to major blood vessels, potentially life-threatening

• Polytrauma: Multiple simultaneous injuries to chest, abdomen, or other regions

• Soft Tissue Injuries: Damage to muscles, tendons, and ligaments

Legal Review

Before proceeding legally, your case will be evaluated by specialized lawyers and experts to assess chances of success, anticipate defense strategies, and plan your case accordingly.

What to Do Immediately After the Accident

• Stop immediately.

• Call emergency services: Police (112 or 113), ambulance (118) if needed.

• Provide clear details on location, number and type of vehicles, and number of injured persons.

• On highways, wear a reflective jacket before leaving your vehicle; use hazard lights and place an emergency triangle 30 meters behind the accident.

• Note names, addresses, and insurance details of all parties and witnesses. Take photos of the scene.

• Report the accident to your insurance company promptly.

• Police will assist injured persons, manage traffic, collect evidence, and issue an official report. This report is key evidence in your compensation claim.

• Authorities may impose fines, vehicle seizures, or medical examinations depending on the incident.

Friendly Accident Report (Constatazione Amichevole di Incidente - CAI)

If only material damage occurred and police were not called, parties can fill out the “friendly accident report” (blue form), which includes:

• Names of involved parties

• Insurance details

• Vehicle registrations

• Description of the accident

• Signatures of both drivers

This form is provided by insurers and should be kept in the vehicle.