Accidents & Injuries in Italy: A Practical Legal Guide for Victims

What are your basic rights after an accident or injury in Italy?

You have the right to claim compensation in Italy if another person, company, or public body caused your injury through fault, negligence, or an unlawful act. Compensation can cover medical costs, loss of income, physical and psychological damage, and impact on your life and family.

These rights are mainly based on the Italian Civil Code (Civile Code):

• Article 2043 c.c. - general rule on extra-contractual (tort) liability: whoever causes unjust damage must compensate it.
• Articles 1218 and 1223 c.c. - contractual liability and the scope of damages if someone breaches a contract or a "contract-like" obligation.
• Articles 2054-2055 c.c. - specific rules for road accidents and joint liability of multiple parties.

In practice, this means you can usually claim if you suffered:

• Road and traffic accidents - as a driver, passenger, cyclist, or pedestrian.
• Workplace accidents or occupational diseases - usually through INAIL plus possible claims against employers.
• Medical malpractice - against hospitals, clinics, or healthcare professionals under the Gelli-Bianco framework.
• Other accidents - falls in public or private premises, product defects, sports accidents, etc.

What should you do immediately after an accident or injury in Italy?

Immediately after an accident in Italy, you should get medical help, collect evidence, and identify witnesses and insurance details. As soon as you can, report the accident to the police or relevant authority and to any insurance company involved, then speak with a lawyer or consumer association if the injuries are more than minor.

1. Protect your health first

• Call 112 or local emergency numbers for serious injuries.
• Ask to be taken to the Pronto Soccorso (Emergency Department) and keep all medical reports and discharge letters.
• Even for "minor" injuries, get a medical assessment as soon as possible so the report is close in time to the accident.

2. Collect evidence on the spot

• Take photos/videos of:
  • The scene, vehicles, or dangerous condition (pothole, liquid, broken step, missing sign).
  • Your visible injuries (bruises, cuts, swelling, casts).
• Get contact details of:
  • Witnesses (name, phone, email).
  • Other drivers or people involved.
• For road accidents, complete the Constatazione amichevole di incidente (C.A.I. form) if possible, signed by both drivers.

3. Notify authorities and insurers

• Call police / Carabinieri / Polizia Locale in serious road accidents or where there is dispute.
• For workplace accidents, the employer must notify INAIL, but you should also inform your union or a lawyer.
• Notify your insurer (or the responsible party's insurer if known) within their contractual deadline, often 3 days.

4. Preserve documents and track losses

• Keep:
  • All medical records, prescriptions, reports, and imaging (X-rays, CT, MRI).
  • Receipts for medicine, private visits, transport to hospital, home care.
  • Proof of lost earnings (payslips, tax returns, employer letters).
• Start a simple written log of pain, limitations, and missed activities - this helps later for non-economic damages.

How are road and traffic accident claims handled in Italy?

Road accident claims in Italy are usually handled through mandatory motor insurance and a structured pre-court procedure involving the insurers. You normally send a written claim to the insurer, who must respond with a settlement offer within legal time limits, and only then you consider court action if the offer is inadequate.

1. Basic legal framework

• Codice delle Assicurazioni Private (Legislative Decree 209/2005) regulates motor insurance and direct indemnity.
• Article 2054 c.c. sets a presumption of shared liability between drivers, which can be changed by evidence.
• All vehicles must have compulsory RCA (third-party motor liability insurance).

2. Direct indemnity and claim procedure

If you are a driver or passenger, you often claim through your own insurer under the "indennizzo diretto" system.

1. Send a formal claim to the insurer by registered letter, PEC, or other traceable means, including:
   • Date, place, and description of the accident.
   • Details of vehicles and insurance policies.
   • Medical certificates and proof of injuries.
2. Insurer deadlines to offer compensation (typical):
   • 30 days if there is a joint accident report signed by both drivers.
   • 60 or 90 days in more complex cases or when injuries are involved.
3. Medical evaluation by a medico-legal doctor engaged by the insurer or by you to quantify permanent and temporary disability.
4. Negotiation of the offer - if unsatisfactory, your lawyer may send a formal settlement proposal and then file a lawsuit.

3. Statute of limitations for road accidents

• Standard limitation for road accident injury claims is 2 years from the accident (Article 2947 c.c.).
• If the accident also constitutes a crime (e.g. serious road injuries), longer criminal limitation periods may apply, extending the civil claim period.

4. Typical cost elements for road accident claims

How does workplace injury compensation work in Italy?

Workplace injuries in Italy are primarily covered by INAIL, which pays statutory benefits regardless of the employer's fault, and in serious or negligent cases you may also sue your employer for additional damages. You must respect INAIL procedures and deadlines and collect evidence of safety violations if you want to pursue a civil claim.

1. INAIL coverage

• INAIL (Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro) is the public body that manages compulsory workplace injury insurance.
• It covers:
  • Medical treatment and rehabilitation.
  • Daily allowances for temporary incapacity.
  • Pensions or lump sums for permanent disability.
  • Benefits for surviving relatives in fatal cases.

2. Steps after a workplace accident

1. Report immediately to your employer and ensure the event is recorded.
2. Go to Pronto Soccorso and inform the doctor it was a workplace accident so the certificate mentions "infortunio sul lavoro".
3. Employer notifies INAIL electronically, within legal deadlines (usually 2 days from receiving the medical certificate).
4. INAIL evaluates the case and grants benefits based on medical findings.

3. Civil claim against employer

INAIL benefits do not always cover full damages. If the employer breached safety rules, you may claim additional compensation.

• Basis: Articles 2087 c.c. (employer's duty to protect workers) and 2043 c.c.
• You must prove:
  • Existence of the employment relationship.
  • Accident and injury.
  • Violation of safety rules or failure to adopt protective measures.
  • Link between violation and injury.

How does medical malpractice liability work under Italy's Gelli-Bianco law?

Medical malpractice in Italy is now largely governed by the Gelli-Bianco law (Law 24/2017), which strengthens hospital liability while limiting the personal liability of doctors who follow guidelines. Patients usually sue the healthcare facility on a contractual basis, with a 10-year limitation, and may sue individual doctors mainly for gross negligence under extra-contractual rules with a 5-year limitation.

1. Key features of the Gelli-Bianco law (Law 24/2017)

• Reorganizes healthcare liability, clarifying who is responsible and on what legal basis.
• Introduces or reinforces:
  • Obligatory insurance for healthcare facilities and professionals.
  • Mandatory pre-litigation steps (ATP or mediation) for medical liability claims.
  • A stronger role for clinical guidelines and "good practices".

2. Suing the doctor vs suing the hospital: what is the difference?

The main differences involve legal basis, standard of fault, proof, and time limits.

3. Gross negligence and clinical guidelines

• If the doctor follows accredited clinical guidelines or "good practice" and the damage results from non-gross errors, Gelli-Bianco tends to shield the doctor and shift primary liability to the structure.
• Gross negligence means serious, evident departure from accepted medical standards, not just a judgment error in a complex case.
• Courts assess gross negligence case by case, relying heavily on medico-legal expert opinions.

4. Public vs private healthcare

• In public hospitals/ASL, you typically sue the public entity (e.g. Azienda Ospedaliera, ASL) and possibly the doctor as a secondary defendant.
• In private clinics, you may have a direct contract with the clinic and sometimes with a chosen private doctor, which may change the legal basis and limitation periods for the doctor.

What is the mandatory Technical Preventive Assessment (ATP) before suing a hospital?

The Technical Preventive Assessment (ATP - Accertamento Tecnico Preventivo) is a mandatory preliminary step for most medical malpractice claims in Italy: you must start an ATP or mediation before you can file a lawsuit. In an ATP, a court-appointed medical expert examines the case early, to assess liability and damages and to encourage settlement.

1. Legal basis and role of ATP

• ATP is regulated by Article 696-bis of the Civil Procedure Code, strengthened in medical matters by Gelli-Bianco (Law 24/2017).
• It is a condition of admissibility: if you skip it, the court can declare your lawsuit inadmissible.
• The aim is to:
  • Obtain a technical evaluation early.
  • Reduce full-scale litigation by encouraging settlements based on the expert's report.

2. How an ATP works in practice

1. Filing the ATP request:
   • Your lawyer files a petition with the competent Civil Court (Tribunale), naming the hospital/ASL/clinic and possibly the doctor and their insurers.
   • Medical records must be attached or at least requested from the hospital (you have a legal right to obtain your records).
2. Appointment of the expert (CTU):
   • The judge appoints one or more technical experts (CTU - Consulente Tecnico d'Ufficio), usually medico-legal doctors plus specialists.
   • Parties appoint their own experts (CTP - Consulente Tecnico di Parte) to support their position.
3. Technical examination:
   • The CTU reviews medical files, listens to parties and their experts, and may examine the patient.
   • The CTU answers specific questions: whether there was malpractice, causal link, degree of permanent disability, and quantification guidelines.
4. CTU report and settlement attempt:
   • The expert delivers a written report to the judge and parties.
   • Parties may comment and then attend a hearing where the judge encourages settlement based on the report.
5. After ATP:
   • If parties agree, they sign a settlement and no lawsuit is needed.
   • If not, you can use the ATP report in the subsequent lawsuit, which often becomes the central piece of evidence.

3. Costs and duration of an ATP

• Duration: commonly 6 to 18 months, depending on court workload and case complexity.
• Costs:
  • Court fee for the ATP petition.
  • CTU fee (often several hundred to a few thousand euros), provisionally advanced by the claimant or shared, but usually charged to the losing party at the end.
  • Fees of your own medico-legal expert (CTP), which you typically pay upfront but can claim back as part of damages if you win.

What are the time limits (statute of limitations) for accident and medical injury claims in Italy?

Time limits for injury claims in Italy vary from 2 to 10 years, depending on the type of accident and whether the liability is contractual or extra-contractual. If you miss the relevant limitation period, you usually lose your right to compensation.

Limitation rules can be complex, especially for slowly evolving injuries or occupational diseases, so a legal assessment is often needed to calculate the exact deadline.

How is compensation calculated for physical and psychological harm in Italy?

Compensation in Italy is calculated by separating economic losses (like medical costs and lost earnings) from non-economic harms (biological and moral damage), using official or semi-official tables and medico-legal assessments. In healthcare cases, courts increasingly apply structured tables that operate as de facto caps or ranges for "biological damage", especially for minor injuries.

1. Types of damages you can claim

• Pecuniary (economic) damages:
  • Past and future medical expenses not covered by the public system.
  • Lost earnings and reduced working capacity.
  • Costs for assistance, home adaptation, mobility aids.
• Non-pecuniary (non-economic) damages:
  • Biological damage - permanent and temporary impairment of physical or psychological integrity.
  • Moral / existential damage - suffering, anguish, impact on relationships and quality of life.

2. The role of "tabelle" (tables) in Italy

• Courts use standardized tables to ensure more uniform awards, especially:
  • Milan tables (Tabelle di Milano), often used as a national reference by the Supreme Court.
  • Specific statutory tables for road accidents and minor injuries in the insurance code.
• These tables:
  • Associate each percentage of permanent disability (e.g. 3%, 15%, 40%) with a base monetary value, adjusted for age.
  • Provide daily amounts for temporary disability (days of total or partial incapacity).

3. Damages caps in the Italian healthcare system

Italy does not have one simple national cap for all medical malpractice damages, but several mechanisms limit or frame awards in practice.

• Table-based ceilings:
  • For many injuries, especially minor and moderate, the tables set an amount per disability point within a defined range.
  • Judges can adjust within those ranges for individual circumstances, but usually do not go far beyond them.
• Insurance policy limits:
  • Healthcare facilities and professionals must have insurance with minimum coverage amounts fixed by law.
  • The policy may have maximum limits per claim and aggregate limits per year; beyond those limits, effective recovery can become difficult.
• Restrictions on overlapping benefits:
  • If you receive certain public benefits (for example, from INAIL), parts of those can be deducted or coordinated with civil damages to avoid double compensation.

4. Typical factors affecting the amount

• Age at the time of injury.
• Percentage of permanent disability determined by medico-legal experts.
• Duration of temporary total/partial disability.
• Impact on ability to work in your specific profession.
• Need for ongoing care, assistance, or devices.
• Evidence of psychological suffering and impact on personal/family life.

When should you hire a lawyer or technical expert for an injury case in Italy?

You should hire a lawyer and often a medico-legal expert as soon as an injury is serious, long-lasting, or involves medical malpractice, workplace accidents, or disputed liability. Early involvement helps you avoid missed deadlines, procedural mistakes, and weak evidence that could drastically reduce your compensation.

1. Situations where a lawyer is strongly recommended

• Serious or permanent injuries (fractures, surgery, disability, long sick leave).
• Medical malpractice of any kind, especially involving surgery, delayed diagnosis, or birth injuries.
• Workplace accidents with INAIL involvement and possible safety violations.
• Disputes with insurers about who is at fault or about the amount of compensation.
• Need to start ATP or mediation in healthcare cases.

2. Role of the medico-legal expert

• Assesses the causal link between the event and your injuries.
• Quantifies temporary and permanent disability in percentage terms.
• Helps your lawyer negotiate with the insurer or argue in court, including in ATP proceedings.

3. Legal costs and how they are handled

• Many injury lawyers work with deferred or success-based fees permitted by Italian law, especially in personal injury and malpractice cases.
• If you win, the court can order the losing party (insurer, hospital, employer) to reimburse your legal costs in whole or in part.
• Discuss a written fee agreement at the start, including how medico-legal and court expenses will be managed.

What are the practical next steps if you have suffered an accident or medical injury in Italy?

The practical next steps are to secure your medical documentation, respect notification and limitation deadlines, and get a tailored legal and medico-legal assessment of your case. From there, you follow the appropriate procedural path: insurance claim, INAIL procedure, or ATP/mediation, and only if needed a court action.

1. Gather and organize documents:
   • Medical records, hospital charts, test results, and discharge summaries.
   • Photos, witness contacts, police reports, and accident forms.
   • Proof of expenses and lost income.
2. Check time limits:
   • Note the date of the accident or medical event and compare with the relevant limitation period (2, 5, or 10 years).
   • If you are close to a deadline, speak to a lawyer urgently to interrupt prescription (for example, with a formal notice of claim).
3. Consult a lawyer experienced in personal injury or medical malpractice:
   • Ask specifically about experience with Gelli-Bianco cases and ATP proceedings in your region.
   • Discuss strategy: negotiation vs ATP vs immediate court action (where permitted).
4. Obtain a medico-legal opinion (especially in healthcare and serious injury cases):
   • Have your injuries and records reviewed to estimate disability percentages and chances of success.
   • Use that opinion to decide whether a claim is worthwhile.
5. Start the correct procedure:
   • For road accidents: send a formal claim to the insurer.
   • For workplace injuries: ensure INAIL procedures are followed and evaluate additional civil claims.
   • For medical malpractice: file an ATP request or mandatory mediation before considering a full lawsuit.
6. Negotiate and, if necessary, litigate:
   • Evaluate any settlement offers with your lawyer and medico-legal expert.
   • If offers are unfair, proceed to court using the evidence and expert reports already collected.