Nieces and nephews can obtain compensation for the death of uncles and aunts

Pursuant to Italian Law, the relatives of a person died in a car accident, can ask for compensation for the loss of family relationship. 

In the past years, the rights of compensation were recognized only to the parents, children, spouse, brothers and sisters of the decesead. In addition, the claimants had to demonstrate the cohabition between decesead and relatives, because the compensations were attribuited only when the relative and the decesead were living togheter before the death.

However, in recent years some judgments of the Italian courts and, above of all, the Court of Cassation, have changed these rules, so that the compensation for the loss of family relationship is recognized also to the grandparents of the deceased. Indeed, there is no doubt that also the grandparents suffer the death of a grandchild and viceversa.
Also the requirement of cohabitation is not longer necessary, because the relationship between relatives cannot depend by this circumstance, otherwise people who hate each other but live under the same roof, would be treated better than people who love and support each other, but live far (for work, study, or other reasons).

Now, the same principles can be applied also to the nephews and nieces for the death of their uncles and aunts, or viceversa. With the order n. 8218/2021, the Court of Cassation recognized the right to a compensation for the loss of family relationship, also to the nieces and nephews, even where there is no cohabition between them.

If you need some legal assistance for compensation claims in Italy, don't hesitate to contact us (click here). 

Please see also:

Car accident in Italy: also grandparents are entitled to compensation for the death of a grandchild

Fatal car accident under the Italian penal code

Fatal car accident attorney in Italy

The compensation to relatives for the loss of family relationship according to Italian Law

What to do if your relative died in a car accident in Italy

Car accidents lawyers in Italy

Car accidents involving pedestrians in Italy