Wrongful Death In Italy: Compensation And Legal Rights 2026

Wrongful death in Italy: how the law protects surviving family members. Who can claim compensation, which laws apply, and how to seek justice even from abroad.

When someone dies as a result of negligence, recklessness, or unlawful conduct, their family looks for answers, justice, and protection.

In English speaking legal systems this situation is referred to as wrongful death, which can be translated into Italian as “morte ingiusta”.
In Italian law there is no legal category with this name, but that does not mean the victim's family members are left without legal remedies.

Although “morte ingiusta” is not a formal label in the Criminal Code or Civil Code, it remains a well established principle in case law. It takes concrete form in civil and, in some cases, criminal liability for a person's death caused by a third party's unlawful act, whether intentional or negligent (for example: homicide, a road traffic accident caused by negligence, a fatal workplace accident due to missing safety measures, or medical malpractice).

Losing a loved one unexpectedly is a shock; understanding how the Italian legal system works is the first step towards obtaining justice.

The Italian legal system provides a structured framework of civil liability and, in certain cases, criminal liability, allowing victims' families to seek justice and appropriate compensation.

What “morte ingiusta” means in the Italian system

In the Italian legal system, the concept of “morte ingiusta” refers to a situation where a person's death is caused by a third party's unlawful act, whether intentional or negligent.

In Italy, a death is considered “wrongful” when it results from:

• negligence or recklessness
• breach of safety rules
• failure to comply with professional or contractual duties
• unlawful conduct

This category includes, for example:

• fatal road traffic accidents. Premature death caused by road accidents where a driver acted recklessly or drove while impaired (by alcohol or substances).
• medical malpractice cases. If healthcare professionals or facilities fail to meet medical standards, the consequences can be fatal for patients.
• fatal workplace accidents. In Italy, news about deaths at work frequently fills the headlines.
• accidents during travel or holidays. Tragic events that can occur due to failure to comply with safety rules.
• deaths caused by unsafe premises or products. A defect in a structure or a product, or a malfunction, can cause fatal incidents for which multiple parties may be liable. In product cases, the party that markets the product may be held responsible.

In all these situations, legal liability may arise for the responsible party, and Italian law provides compensation for damages in favour of the surviving family members (also referred to as entitled parties) who suffered a loss due to another person's negligent or intentional conduct.

Wrongful death and foreign citizens

Difficulties increase when these situations involve people who are unfamiliar with the Italian legal system and suddenly find themselves having to protect their rights in a country different from their own.

It is important to clarify that Italian law applies to all events that occur on Italian territory, regardless of the victim's nationality or the relatives' nationality. This means that if the death occurs in Italy, liability and  compensation are assessed under Italian law, even when the deceased was a foreign citizen or lived abroad.

Foreign tourists, expatriates, or international workers in Italy for professional or study reasons, if involved in road accidents, workplace accidents, medical errors, or events occurring during a temporary stay, can still enforce their rights.

What to do immediately after a wrongful death in Italy

When someone dies in Italy due to negligent, reckless, or unlawful conduct, family members often face a complex situation, made worse by language and procedural barriers, especially if they live abroad.
Acting promptly is essential to protect your rights and preserve your chances of obtaining justice and compensation.

Reporting the incident and starting the investigation

The first step is reporting the incident to the competent authorities.

In the event of a road traffic accident, workplace accident, medical malpractice, or any other suspicious death, it is essential that the matter is reported to the Italian law enforcement authorities or to the judicial authorities.

Starting the investigation immediately makes it possible to:

• establish the cause of death
• reconstruct what happened
• identify any responsibility
• prevent the loss of relevant evidence

This phase is also crucial for later compensation claims.

Collecting and preserving documentation

It is important to collect and keep all useful documentation:

• death certificate issued by the Italian authorities
• medical reports and medical records
• police reports or other official documents
• insurance documentation
• any witness statements or other evidence

For relatives living abroad, some documents may require a certified translation or legalisation.
Proper document management is decisive for the success of legal action.

Contacting a lawyer who works in Italy

Seeking advice from a lawyer in Italy as soon as possible is essential, especially in cases involving foreign citizens.

A lawyer can:

• assess whether the death falls within civil or criminal liability
• identify the most effective strategy to obtain compensation
• assist in dealings with authorities, insurers, and opposing parties
• represent family members even without their physical presence in Italy

Early legal support helps you navigate the Italian system in an informed and structured way, avoiding mistakes that could jeopardise the family's rights.

“Morte ingiusta” and wrongful death: the main differences

The main difference between the Italian concept of morte ingiusta and “wrongful death” lies in the nature of the proceedings and the goals pursued.

“Wrongful death” is an independent civil action typical of common law systems (USA, UK), aimed at compensating the surviving relatives for their losses. In the Italian system, protection for a “wrongful death” (a non legal term, but commonly used) falls within civil and, in some cases, criminal liability, with exclusively compensatory aims.

In many US states, in addition to compensatory damages, courts may award punitive damages, intended to punish the wrongdoer severely and deter similar conduct in the future.

This feature is foreign to the Italian system.

In Italy, protection derives from the combined application of several rules.

This means that:

• there is no single “wrongful death law”
• liability is assessed case by case
• compensation is split into different heads of damage

This approach does not reduce protection, but reflects a different structure of the legal system.

The laws governing wrongful death in Italy

Key aspects in the Italian legal system include:

Civil liability (damages compensation): surviving family members (heirs) are entitled to compensation for the losses suffered due to the death of their loved one. This compensation includes both pecuniary loss (linked to the loss of financial support) and non pecuniary loss (moral and relational damage, for suffering and the disruption of family life).

Legal basis: the main statutory basis is Article 2043 of the Italian Civil Code, which provides that “any intentional or negligent act that causes an unjust harm to another obliges the person who committed the act to compensate that harm”. Case law has interpreted “unjust” harm broadly, including the infringement of fundamental rights such as the right to life. Article 2054 specifically governs liability for road traffic accidents caused by the circulation of vehicles without rails (cars, motorbikes, etc.). It provides that the driver is liable unless they prove they did everything possible to avoid the accident, and it introduces joint liability between driver and owner (unless proven otherwise) to protect the injured party.

Criminal proceedings: if the death is caused by negligence, criminal proceedings are initiated against the responsible person, as the offence of manslaughter may apply (for example, in cases of road homicide).
Criminal proceedings can also play a decisive role for civil compensation purposes.

“Tanatological damage”: the prevailing Italian case law has excluded compensation iure hereditatis (that is, a claim belonging to the victim and transferable to heirs) for “loss of life damage” (so called danno tanatologico) because it is instantaneous, but it fully recognises the right of surviving family members to recover their own losses (iure proprio).

In practice, if it is proven that an unlawful act caused the death, Italian law requires the responsible party to compensate the family members.

Contractual liability

This applies in situations such as:

• medical liability
• transport related accidents
• workplace injuries
• liability of accommodation facilities

Who can claim compensation for wrongful death in Italy

The following may bring a claim for compensation:

• the spouse or partner
• children
• parents
• in some cases, other relatives or cohabitants

Citizenship or residence abroad does not prevent the exercise of compensation rights.

Which damages can be compensated

Compensation is not awarded to the deceased person (because, according to the Supreme Court's approach, the right to life ends with death), but to the family members, who suffer losses of their own.

The Italian system recognises different categories of damage:

1. Pecuniary damages. These represent the financial losses suffered by the family, such as loss of financial support and the deceased's future lost income, as well as funeral expenses.
2. Non pecuniary damages (bereavement and loss of relationship, also referred to as parental loss). These cover psychological and physical suffering, grief, and the profound life change caused by the loss of the emotional bond.
   1. emotional suffering
   1. loss of the family relationship
   1. impairment of affective and relational life

Each situation is assessed individually. The amount of compensation varies depending on the degree of kinship and the intensity of the emotional bond.

• Catastrophic damage: if the victim consciously suffered before dying, the existential damage linked to perceiving the imminence of death (so called danno catastrofale) is considered transferable to the heirs.

How compensation for wrongful death is calculated

Because human life has no predefined price, Italian courts use  reference tables to ensure fairness.

The most widely used in 2025 are the Milan Tables and the Rome Tables, which set compensation ranges based on criteria such as:

• age of the victim and the surviving relatives
• degree of kinship and cohabitation
• proven intensity of the emotional bond
• circumstances of the death

Italian courts use established criteria and reference tables to determine the amount of compensation.

The relationship between criminal proceedings and civil compensation

A “wrongful death” may be pursued through a civil claim, which is separate from any criminal proceedings (such as manslaughter) that may be brought for the same facts.

The victim's relatives (often referred to as “close family members”) can choose different routes to enforce their rights:

• Joining the criminal proceedings as a civil party. Family members can join the criminal case against the alleged offender as a civil party to claim damages. In this case, if the criminal court issues a conviction, it may also assess damages or, more often, award an interim payment (an advance) and leave the full assessment to the civil court. A final, irrevocable criminal conviction is binding in subsequent civil proceedings as to the facts and their unlawfulness.
• Separate civil proceedings. Family members can bring an independent civil claim for damages. This option offers greater control over timing and evidence, because the civil standard of proof differs (“more likely than not”) from the criminal standard (“a high degree of probability”). Civil proceedings can be brought even if the criminal case is discontinued.
• Stay of the civil proceedings. If a separate civil claim is brought while criminal proceedings are pending, the civil court may, in certain specific cases, stay the civil case until a final criminal judgment, where the decision strictly depends on establishing the offence.

In practice: criminal proceedings aim to punish the offender and do not automatically compensate the family, who must join as a civil party to obtain damages.

However, a criminal finding of responsibility often strengthens the civil compensation claim.

Limitation periods

The right to claim compensation for an unlawful act is subject to limitation.

• General rule: 5 years.
• If the act constitutes a criminal offence: if the facts amount to an offence under the law (such as homicide), the longer limitation period for the offence applies (for example, 10 or more years for certain forms of road homicide or serious negligent homicide).
• Suspension: filing a criminal complaint or joining the criminal proceedings as a civil party suspends the limitation period for damages until the criminal proceedings are definitively concluded.

Death of the defendant

If the defendant dies before a final conviction, the offence and criminal action are extinguished.

In that case, civil effects are extinguished within the criminal proceedings, but the compensation claim can still be pursued in civil proceedings against the defendant's heirs within the applicable limitation period. The heirs are liable up to the value of the inherited estate.

How to obtain justice if the family lives abroad

Relatives living abroad whose loved one died in Italy in circumstances that can be classified as “wrongful death” have the full right to obtain justice and compensation.

The process requires the assistance of a lawyer who works in Italy to manage the legal aspects, both civil and criminal, and to coordinate with local and consular authorities.

The international law firm Boccadutri regularly assists foreign families in wrongful death cases that occurred in Italy.

Key steps to obtain justice

Reporting and immediate investigations:

It is essential that the event (road accident, homicide, workplace accident, medical malpractice, etc.) is reported immediately to the Italian law enforcement authorities (State Police, Carabinieri) to initiate criminal investigations.

Accurate investigations are crucial to reconstruct what happened and identify the responsible parties.

Official documentation of the death:

You must obtain the original death certificate issued by the competent Italian Registry Office.

This document may then need to be translated and legalised or apostilled to be valid in the family's country of residence and for succession matters.

Local funeral services can assist with bureaucracy and, where needed, repatriation of the body.

Appointing a lawyer in Italy:

To follow the matter effectively in Italy, it is indispensable to appoint an Italian lawyer (or an international law firm with offices in Italy) who can handle wrongful death compensation claims.

The lawyer's tasks include:

• collecting all evidence and medical and legal documentation
• joining the criminal proceedings as a civil party to assert the right to compensation (where the relatives choose to do so)
• starting civil proceedings for damages (based on the relatives' decisions)
• managing correspondence with authorities and insurance companies

Right to compensation:

Close family members (spouse, children, parents, siblings, cohabiting partner) are entitled to compensation for non pecuniary damage (moral damage for the loss of the family relationship) and, where applicable, for pecuniary damage (for example, loss of financial support).

Italian law and Supreme Court case law clearly establish that relatives, even if not resident in Italy, are not second class claimants and must be compensated according to Italian compensation tables (usually the Milan Tables).

Communication and collaboration:

Maintaining constant communication and providing all requested documentation (identity documents, proof of family relationship, etc.) to the Italian lawyer is essential for a successful outcome.

The  international law firm Boccadutri defends the rights of victims' relatives and ensures its full professional and human availability in these circumstances.

Relying on a lawyer allows you to navigate the complexity of the Italian legal system and ensure that the rights of relatives abroad are fully protected.

In summary, although the expression “morte ingiusta” is not a codified term, the Italian legal system offers remedies, both criminal and civil, to pursue those responsible and secure compensation for the victim's family.

FAQ on wrongful death in Italy

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.