Compensation for the death of a family member in Italy

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

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

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.