the case in which a person suffers damage to health
Moral damages are those suffering that occurred as a result of a crime, even if only configurable in the abstractThe compensation for moral damage is the tool with which a person receives a sum of money as a form of compensation for their suffering inner subjective caused by an event of which he is not responsible. To compensate for the injury shall be the person recognised guilty of the fact, detrimental.
As we have already seen in our guide for the compensation, there are certain damages that you define non-property since they concern the injury of a legally significant interest but are not evaluable on the basis of objective parameters.
Among the non-pecuniary damage for which it is possible to obtain compensation there is the biological one, i.e.
In recent years the Supreme Court has interpreted the term “damage to health” in its meaning more extended, by the inclusion also moral suffering. Thus, the subject that shows his own personal suffering, caused by a particular event may receive a compensation for moral damages. Although this is closely linked to the biological one, it is possible to obtain compensation for moral damages also yourself, as we will see in more detail later in this article.
Here is a guide on compensation for moral damages, where you can find all the information on how to make the request, and on what rights are protected.
Usually the victim that gets a compensation for damages of the biological type, to receive also another sum by way of compensation for moral damages.
Is the example of those who, following a car accident loses the use of one or more limbs: in this case, in addition to compensation for the disability caused (biological damage) of this, it will also receive another for the moral suffering that resulted from the event.
But you can ask for compensation for moral damages also for events that involve no physical injury to the individual person is the case of those who lose a loved one in the event he is not caused. The same Supreme Court in recent years has shed light on the fact that the moral damage shall be compensated regardless of the impact that a detrimental event has on the ability of the victim to produce income. Also, to be compensation for moral harm is not necessary that the personal suffering caused by a criminal offence. To obtain the compensation, however, it is necessary to demonstrate the existence of a moral damage. Let's look at it below. In the case where a subject has suffered biological damage than - points, there is no need to prove the existence of the moral damage.
Automatically, in fact, the subject is recognised as a compensation for both types of damage.
Then, if the legal practitioner ascertains the existence of a biological damage with the above mentioned features, also the compensation for the moral damage is guaranteed. With regard to the moral damages not related to a personal injury, the Court of Cassation has clarified that any compensation for non-asset must be proven by the victim. This also applies in the case in which the event has resulted in an injury of the constitutional rights inviolable (personal freedom, religious freedom, economic freedom.). In detail, with the evidence you have to prove that the injury has the characteristics of “gravity” and not “futility”. The victim wants to seek compensation for moral damages, then, must attach to the facts and evidence useful to demonstrate the suffering endured and the causal link with the harmful event.
The judgment in no, July, the Court of Cassation has clarified that, in spite of the moral damage equal to the biological one, constitutes a prejudice against non-asset deserving of compensation, these two are not bound to one another and should be settled individually.
In this case, the Supreme court has dismissed a compensation for damages is for a guy who reported a physical disability permanent in the 's and serious psychological damage following an accident caused by a driver who did not stop at “Stop”, and for his family.
The Supreme court in fact has recognized that the damage being caused to the boy are not limited to its biological sphere, since they have also led to a serious damage to his emotional life and the opportunity to to build a family.
But the moral damage has been recognized that even the parents of the boy, which inevitably have undergone personal suffering and seen the state of the child. The Supreme court has concluded by saying that these two types of damage are different between them since they correspond to the two essential moments of the suffering of the individual: the physical pain in the case of the biological damage, the inner and the significant alteration of daily life for the moral damage.
