Compensation for medical expenses for traffic accidents

Expenses arising from clinical, pharmacological, and rehabilitative treatments and therapies may include established biological damage and alleged non-pecuniary damage.

You have been the victim of a serious traffic accident and the full recovery of your physical and motor functions took several months. Meanwhile, during this tiring recovery period you have had to deal with a lot of spending on medications, visits, specialist exams (CT, X-ray, MRI) and rehabilitation therapies.

Therefore, it is important to know how it is done compensation for medical expenses in a traffic accident. Surely you would not want the huge costs you incurred, anticipating them out of your own pocket, not to be recognized by the insurance when it comes to settling damages. In fact, it would be unfair to exclude them: but the different items of expenditure on treatments and therapies, and their relationship to the traffic accident and the more or less disabling injury that goes away, must be demonstrated and documented. derive.

Compensation for damage due to traffic accidents

The general principle about compensation for damages derived from a car accident is the all-global: art. 2043 of the Civil Code obliges those who have committed an illegal, willful or negligent act, which has caused unjust harm to others, to compensate for all damage caused to persons and things.

For damage consequence of traffic accidents the injured party’s insurance company takes care (which you would otherwise have to pay with your personal assets): linsurance for civil liability (the so-called liability insurance policy) is mandatory for all motor vehicles traveling on the road. Liability for the accident is determined in accordance with the usual rules of the concurrence of guilt established by art. 2054 of the Civil Code; therefore, the amount due to the injured party may be reduced proportionately in all cases where the liability of the injured party is not total and total, ie less than 100%.

Compensation for biological damage: how it occurs

The quantification of harm to people it is more delicate and complex than those who report things, such as the vehicles involved and the goods transported. He personal injury they constitute a moral damage, which to be settled requires an exact description of the physical condition of the injured person as a result of the reported traumas and the healing times. These items are reported in the medical history issued to the injured person by the attending physicians (certificates family doctor, reports first aid, medical history hospitalization, etc.).

He biological damage – that is, the damage to health – is calculated as a percentage of disability – temporary or permanent – returned by the injured party due to the accident; Up to 9 points of micropermanent injuries are flat rate in amount, while from 10% there are specific. tables used by Italian courts, which also take into account the age of the victim and other parameters: thus, with the same injuries, a young victim is compensated with a larger sum than an elderly person, because his life expectancy is higher and they will have to endure longer the permanent consequences of the accident.

Reimbursement of medical treatment expenses and rehabilitation therapies

In many cases to be exact quantification of biological damage one is required forensic expertise who ascertains the type and extent of the injuries and the negative consequences they have caused, such as the inability of the injured person to carry out his work or to devote himself to social life. In the report, the appraiser quantifies how long the accident victim has been unable to attend to their daily occupations and duties. All this serves to establish the exact and complete amount of the compensation to be recognized.

At this stage, all medical expenses incurred as a result of the accident: visits, diagnostic tests, prescription and purchased medicines, rehabilitation therapies performed, such as Physiotherapy. Each of these cost elements must be documented by invoice, receipt or receipt, to certify the type and payment. In addition to the various expenses for medical treatment and rehabilitation therapies must always have a causal relationship with the damage to the person reported in the traffic accident (for example, a motorist who has injured his ankle can claim compensation for the costs of purchasing painkillers, gas and ointments, but not an antiallergic drug or a visit to the dentist).

In doubtful cases, and especially when the insurance company disputes the traceability of medical, pharmacological and rehabilitation expenses up to the traffic accident, it is advisable to obtain a biased forensic examination; the results of this report may also be validated during the civil case which will probably need to be promoted, with the assistance of a lawyer to obtain due compensation. The Law [1] provides that, in the event of a claim, the insurance company is also obliged to reimburse the cost of this medical consultation and, therefore, to reimburse the injured party for the compensation paid in advance to the responsible professional.

Expenses for medical treatment useful for the purpose of recognizing non-pecuniary damage

The jurisprudence considers that in addition to the biological damage, the injured person who was incapacitated after a traffic accident can also be paid moral damage: its existence can be verified presumably through the numerous examinations, clinical investigations and rehabilitation treatments to which the injured person was subjected as a result of the traffic accident.

A recent Cassino court ruling [2] stated that the medical care intense and prolonged, and the rehabilitation carried out over a long period of time, presume the existence of intangible damage suffered by the victim of the accident: this is an internal suffering, different from those already included in the biological damage, and which therefore deserve compensation additional. To learn more about this, read “Damage to Traffic Accidents: How Do You Feel?”


Note

[1] Art 9 Presidential Decree no. 254/2006.

[2] Court of Cassino, sent. n. 825 of 15.06.2022.

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