The Law Firm SJG Avvocati a Bologna offers extensive protection in the field of civil law and in the following specifications:
It is the airline’s responsibility to pay you in the event of loss of your baggage.
But for losing your baggage or ruining your holiday, airlines do not always offer a fair price. Some airlines may refuse to compensate you if they think you’ve made a technical mistake. You may have a claim against an airline for the loss of your baggage.
International travellers may have better protection in the event of baggage loss than domestic travellers do. International baggage claims may be governed by the Montreal Convention and the Warsaw Convention.
In most cases, the airline will require you to file a Property Irregularity Report (PIR) for lost property and will usually offer a settlement amount. A lawyer may be able to help you get a higher settlement offer for loss or damage to valuable items. If you want to file a claim against an airline, you can contact our lawyers for help in making sure you file your claim in the right court.
In general terms, it can be affirmed that any hypothesis of accident make the person responsible (and the obliged party) pay a compensation to the victim. According to the art. 2054 c.c. in fact “The driver of a vehicle without a rail guide is obliged to compensate the damage caused to people or things by the circulation of the vehicle, if it does not prove to have done everything possible to avoid the damage. In the event of a collision between vehicles, it is presumed, until proven otherwise, that each driver also contributed to the production of the damage, suffered by the individual vehicles. The owner of the vehicle, or, in his place, the usufructuary or purchaser with a private domain agreement (1523), is jointly and severally liable to the driver, unless he proves that the vehicle was driven against his will. In any case, the persons indicated in the preceding paragraphs are responsible for damages deriving from construction defects or vehicle maintenance defects “.
In case of an accident between motor vehicles, each driver must promptly report the accident to his insurance company in order to open the claim and be able to subsequently request compensation for damages. The applicability conditions of the direct compensation procedure, provided for by the art. 149 cod. insurance, are the following ones:
All instances that do not comply with the aforementioned conditions of applicability, cannot be admitted to the direct compensation procedure, but must necessarily, pursuant to art. 148 cod. insurances, address the claim for compensation to the insurance company of the person who caused the accident. With the support of the law firm, depending on the incident that has occurred, the insurance company will be able to compensate the following types of damages:
a) Material damage;
b) Personal injury (financial loss, biological damage, total or partial disability);
In return, these two types of damage are subdivided into other compensable items:
a) Moral damages;
b) Damages due to the loss of earnings because of the impossibility of carrying out work activities;
c) Damage caused by failure to use the vehicle;
d) The reimbursement of all the expenses deriving from the claim (medical fees, transport costs of the vehicle, as well as the legal expenses in case of closure of the dispute with the Insurance Company, without resorting to the Court).
With regard to the assessment of the damage described above, the SJG Avvocati a Bologna Office avails itself of the assistance of qualified forensic doctors, the consultancy of engineers and technicians for CTP, where the dynamics underlying the accident are difficult to ascertain – or disputed by the other party – and how much it should still be necessary for the complete investigation of the claim always aimed at full customer satisfaction.
The medical profession is in our system framed among the professions of an intellectual nature and the relative service (of intellectual work) is regulated by the articles. 2230 et seq. c.c., articles which place the professional in a “qualified” diligence in the performance of his service.
The nature of the responsibility that discerns from the aforementioned “qualified” diligence may therefore be of a contractual or non-contractual nature, both direct and vicarious. This type of responsibility derives from the damages suffered by the patient / contracting party due to omissions or errors (diagnostic, pharmacological, related to anaesthesia, during pregnancy or childbirth etc.) by the healthcare professional.
The nature of the responsibility that discerns from the aforementioned “qualified” diligence may therefore be of a contractual or non-contractual nature, both direct and vicarious. This type of responsibility derives from the damages suffered by the patient / contracting party due to omissions or errors (diagnostic, pharmacological, related to anaesthesia, during pregnancy or childbirth etc.) by the healthcare professional.
Over the years, the matter has been the subject of in-depth analysis and reforms, most recently Law 08.03.2017 n. 24 “Provisions regarding the safety of care and of the person assisted, as well as in matters of professional responsibility of the health professions” in force since April 1, 2017. The aforementioned law, also known as “Gelli – Bianco” intends to introduce some norms that concern both the criminal and civil responsibility of the health care provider. A patient / contractor who assumes to have suffered damage as a result of a health service, will now have the obligation to prove either the existence of the contract (or social contact) and to attach the onset or aggravation of his / her pathology because of the qualified breach of the health/lender.
This non-fulfillment must be abstractly suitable to cause the alleged damage; the doctor, called to account for that responsibility, will in turn have to prove that there has been no failure which means that, despite having occurred, it has not caused any damage.
If you think you have suffered damage as a result of medical negligence, in the last 10 years, the Law Firm will be able to assist you in any out-of-court and/or judicial phase. Following a first free interview, we will carefully examine your health documentation, in order to verify the existence of conditions for proceeding to claim for damages.
The Law Firm SJG Avvocati a Bologna avails itself of the collaboration of renowned medical professionals who will assist you throughout the procedure.
