Udmåling af erstatning ved personskade og tab af forsørger - Krim

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actual life and his ability to work) and depends on the
age of the injured person.
In the case of permanent disability or death, the indemni-
ty for future loss is usually assessed on the basis of the
net wage which the injured or deceased earned at the time
of the accident (the wage of the deceased being reduced by
one third to take account of his private consumption).
The Italian courts usually apply a special method to off-
set the effects of inflation observed between the date of
the accident and that of the judgement. The total loss is
first calculated according to the value as per the date of
the accident. Subsequently the indemnity is revalor ised to
correspond to the value effective on the day of the rul-
ing, i.e. an additional sum as compensation for devalua-
tion (svalutaziono) is awarded amounting up to 20% per
year. Recently, however, instead of using this method,
some courts prefer to assess damages according to the sup-
posed earnings of the victim on the day of the judgement.
When speaking about the level of damages in Italy, one has
to bear in mind that the sums insured are often very low:
In motor third party liability insurance, the mininum
coverage provided by law amounts to 50 million Lire for
one injured or killed person and 100 million Lire for
personal injury per any one event. Even if policyholders
usually take out higher voluntary coverage, this might
still prove insufficient in the most serious cases.
3.6 Spain
Court and out-of-court practice in Spain adheres to in-
demnification of loss consequent on disability or death of
breadwinner in the form of a lump sum. The sums awarded
are fixed according to abstract standards.