The loss of a loved one is always a time of profound sorrow, made even more distressing when it occurs abroad.
If your relative has died in Italy due to an accident, medical error, or sudden event, it is important to know that Italian law protects the rights of the deceased's family members, offering the possibility to claim and obtain compensation.
This guide explains when and how it is possible to claim compensation for the death of a family member in Italy, even if you reside outside the European Union.
When you can claim compensation for a family member's death
In Italy, the right to compensation arises when the death is caused by the fault or responsibility of another party: an unlawful act, negligent or intentional behaviour, or even strict liability.
This includes situations such as:
- Medical malpractice and negligence (e.g. surgical errors, misdiagnoses, lack of treatment)
- Road traffic accidents caused by other drivers or dangerous road conditions
- Holiday-related incidents, whether at the accommodation or during excursions or activities
- Fatal workplace accidents during professional duties
- Criminal acts such as assaults or homicides
- Death resulting from omissions or public authority failures (e.g. suicide in custody).
In all these cases, it is possible to file a compensation claim against the individual, company, authority, or insurance provider responsible.
Types of fatal incidents and related legal procedures
The legal process may vary significantly depending on how the death occurred.
Below are the main categories:
1. Medical malpractice or healthcare negligence
Medical malpractice or healthcare negligence include surgical or anaesthetic errors, late or incorrect diagnoses, or failure to provide treatment in hospital or emergency settings.
Process:
- Preliminary investigation with a court-appointed medical expert
- Compensation claim to the hospital or local health authority (ASL)
- If denied, civil or criminal proceedings against the healthcare provider
Liable parties: public/private hospitals, doctors, nurses
Evidence: medical records, test reports, expert opinions
For further information: Supreme Court, patients are not required to prove medical errors
2. Fatal road traffic accidents
Fatal road traffic accidents can involve vehicle occupants (as drivers or passengers) or pedestrians struck by vehicles.
Process:
- Collect Police or Carabinieri reports
- Claim submitted to the insurer
- Possible civil or criminal proceedings
Liable Parties: driver, insurance company, road authority
Evidence: Police reports, photographs, technical expert reports
3. Tourist accidents (Hotel or activity-related)
Incidents can range from falls to fires or drownings during holidays.
Process:
- Gather evidence of negligence or lack of safety/supervision
- Submit a claim to the hotel manager and their insurer
- If refused, initiate civil proceedings for contractual or non-contractual liability
Liable Parties: Hotel manager, tour operators, guides
Evidence: Contracts, photographs, witness statements
For further information: Skiing accident: what to do and how to claim compensation?
4. Fatal workplace injuries
Workplace fatalities are particularly common in the construction and agriculture sectors, often due to falls from scaffolding or machinery accidents.
Process:
- Investigation by INAIL and the Prosecutor's Office
- Safety violation assessment
- Civil claim and possible criminal proceedings
Liable Parties: employer, contractor, company, corporate insurers
Evidence: INAIL reports, safety regulation violations, colleague testimonies, inspectorate findings.
For further information: Employer liability in the event of a fatal accident on a construction site
5. Homicide or fatal assault
Despite generally safe cities, violent crimes still occur: stabbings, domestic violence, hate crimes, or robberies.
Process:
- Automatic criminal proceedings (public prosecution)
- Victim's relatives can join the criminal case as civil claimants
- Civil claims can also be filed independently
Liable Parties: offender and any accomplices
Evidence: judicial records, testimonies, court rulings
6. Death due to omission or public authority responsibility
This occurs when a person or authority fails to act to prevent foreseeable harm, breaching legal duties.
One example is suicide in prison due to lack of care.
Process:
- Action for liability against the State or public authority
- Civil or Court of Auditors proceedings
Liable Parties: State, ministries, local health authorities
Evidence: official documents, internal reports, previous complaints
Statute of limitations by type of case
| Type of Event | Limitation Period | Legal Reference | Notes |
| Medical Malpractice | 5 years | Art. 2947 Civil Code | Applies in civil claims |
| Medical Malpractice (with criminal act) | 5 years (civil) / 10–20 years (criminal) | Art. 2947 §3 + Criminal Code | Civil term may be extended by related criminal case |
| Fatal Road Accident | 2 years (against insurer) | Art. 2952 Civil Code | 5 years if suing other entities (e.g. public bodies) |
| Holiday Accident (Hotel/Resort) | 5 years | Art. 2947 Civil Code | Based on tort liability |
| Workplace Accident | 5 years | Art. 2947 Civil Code | May be longer if criminal omissions occurred |
| Homicide / Assault-Related Death | 10–20 years (criminal) / 5+ years (civil) | Art. 2947 Civil Code + Criminal Code | Civil claim follows criminal statute of limitations |
| Public Authority Liability | 5 years (civil) / 10+ years (criminal/accounting) | Art. 2947 + Administrative liability laws | May begin from when the damage becomes known |
Who can claim compensation
Italian law grants the right to compensation to family members who had a close emotional bond with the deceased, regardless of nationality or residence. Typically, the following are eligible:
- Spouse or cohabiting partner
- Children (including adults)
- Parents
- Siblings
- Other relatives with a proven stable relationship
Even if you are not an EU citizen or do not reside in Italy, you are entitled to seek compensation under Italian law.
Types of compensable damages
Damages are generally divided into two categories: economic (pecuniary) and non-economic (non-pecuniary) losses.
Pecuniary damage
These include:
- Lost income formerly provided by the deceased
- Funeral and repatriation costs
- Travel expenses incurred to handle the matter in Italy
Non-pecuniary damage
These refer to psychological and emotional harm, such as:
- Loss of family relationship (emotional distress due to loss of a loved one)
- Moral damage (grief, anguish, trauma)
- Existential damage (changes in everyday life quality)
Italian courts use national compensation tables (especially those from the Milan Tribunal) to assess non-economic damages fairly and proportionally.
How to file a compensation claim
In summary, the required steps are:
1. Proving the damage
You must prove economic damage (medical/funeral costs, lost income) and non-economic damage (grief, suffering, emotional loss).
Documentation:
- Death certificate
- Police or medical reports
- Evidence of family relationship
Foreign documents must be translated and, if required, legalised.
2. Causal Link
There must be a clear causal connection between the unlawful act and the death.
3. Liability assessment
You must identify who is responsible for the death in order to claim.
4. Filing the claim
It is advisable to submit your claim through a lawyer, who can proceed out of court or via legal proceedings, depending on the case.
5. Damage assessment
The damage may be assessed by the insurer's expert or the court using official tables, based on emotional closeness, age, and other factors.
Non-EU citizens are also entitled to compensation
Compensation rights apply to non-EU foreign nationals under the Charter of Fundamental Rights of the European Union.
There are no legal barriers preventing the families of non-EU citizens from pursuing claims in Italy.
The Italian Supreme Court has repeatedly upheld compensation for:
- Relatives of tourists who died due to negligence by agencies or hotels
- Foreign workers killed on the job
- Patients who died due to public healthcare errors
These rulings confirm the recognition of foreign families' suffering and rights by Italian courts.
How we can help: international legal advice
A law firm with international experience can represent you and support you throughout the entire process:
- Translating documents
- Communicating with Italian authorities
- Calculating due compensation
- Managing legal proceedings and negotiations with insurers
- Assistance in English or other languages
You do not need to travel to Italy: your lawyer can act remotely on your behalf, knowing that Italian law protects family members regardless of citizenship or residence.
If your relative died in Italy due to someone else's fault, you are entitled to full compensation.
Every case requires a tailored legal strategy, and a lawyer can help you determine the right course of action depending on the cause of death.
Would you like to know whether you are entitled to compensation? Contact us for a free and confidential consultation: the Personal Injury Department of Boccadutri International Law Firm can help you achieve justice.
FAQ – Compensation for the Death of a Family Member in Italy
1. Can I claim compensation even if I do not live in Italy?
Yes. Italian law allows foreign family members, even non-EU citizens, to claim compensation if their loved one died in Italy due to third-party responsibility.
2. What documents are needed to start a claim?
You must provide:
- Death certificate
- Proof of family relationship (birth/marriage certificates, etc.)
- Police or medical reports, photographs or witness statements (if available)
- Proof of economic loss (for pecuniary damage claims)
3. How much time do I have to file a claim?
Generally, you have 5 years from the date of death to bring a civil claim.
For criminal cases (e.g. manslaughter), time limits may vary.
For road accident claims against the insurer, the limit is 2 years.
4. Who decides the amount of compensation?
Italian judges use established criteria, mainly the Milan Compensation Tables, which consider the family relationship, emotional suffering, and financial dependency.
5. Do I have to come to Italy to claim compensation?
No. Everything can be managed remotely through an Italian lawyer who will represent and update you at every stage.
6. Are tourist deaths in Italy also covered?
Yes. If a tourist dies in Italy due to negligence, poor service, or third-party fault (e.g. unsafe excursions, lack of medical assistance, road accidents), the family may claim compensation.
7. Are repatriation costs included in the compensation?
Yes. Funeral and body repatriation expenses are covered as long as they are properly documented.
8. Can I obtain compensation without going to court?
Yes. Many claims are settled out of court, often through negotiations between the lawyer and the opposing insurer.
9. What if multiple family members wish to claim?
Each relative may file a separate claim. Courts usually consider the collective emotional bonds and avoid duplicate awards. A lawyer can coordinate claims on behalf of the whole family.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
