Italy has been an extremely popular destination for UK travellers for decades and post-Covid-19 it is hoped that normal service will resume. Whether travelling abroad for business or pleasure, the possible threat of personal injury is something that we all face. The risk of an accident is rarely something that is seriously considered unless an individual is embarking on a risky hobby or sport or their job involves an element of danger. However, an accident abroad can often be a difficult thing to manage, as it is very unusual for a person to plan for the possibility of an accident, other than to take out a standard travel insurance policy. Regardless of the form the injury takes, if you are injured due to the fault or negligence of a third party it is often exceptionally distressing and also may almost certainly be a financial burden in the immediate and long-term aftermath.
The manner in which a personal injury claim is processed in Italy, as opposed to the UK, is more or less identical; if you suffer a personal injury you should be compensated by the negligent party commensurate to the nature and severity of the injury. Compensation is payable for all aspects of the consequences of your injury, physical, psychological and financial.
In Italy, there are time limitations on claims and they are defined by various factors. If you suffered an accident last year or even the year before you may still be able to claim the compensation you are entitled to from the third party who caused the accident.
- Package holiday a claim must be made within three years of the accident
- Non-package holiday a claim can be made up to six years after the event
- If you are involved in a car you have two years to submit a claim.
- Illness or an injury that occurred on a privately booked flight to or from an Italian airport has a two-year limitation.
Clearly, it is advisable to begin a claim for compensation as soon as possible. Giambrone's lawyers in the personal injury team point out that evidence gathering can be a very time-consuming activity, especially if there is a need for the opinion of an expert witness.
The vast majority of individuals who are injured abroad understandably wish to return home as quickly as possible and often believe that they will have to instruct an Italian law firm based in Italy.This is not the case; Giambrone has the advantage of having multi-jurisdictional lawyers who are experts in cross-border litigation and mediation. Post-Brexit all UK/EU litigation is more complicated as some of the advantages previously enjoyed are no longer available. Claims across Europe are dealt with case by case depending on the jurisdiction and it becomes even more imperative to instruct a law firm with comprehensive cross-border expertise. The British Government applied to become part of the Lugano Convention, until this is decided the Hague Convention will mainly apply.
Regardless of the obstacles that Brexit has placed in the path of injured parties seeking compensation for the consequences of their accident,The lawyers in Giambrone's specialist personal injury team are well placed to assist and are highly experienced in cross border claims.
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.