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Other types of damage are biological, patrimonial and moral damage. The first is that which is produced to the physical and mental well-being of the individual, and which is found at a sanitary and compensable level without taking into account the capacity to produce the injured subject.
In the biological damage are also included the different types of damage not related to income, such as aesthetic, couple life that deprive us of the opportunity to enjoy some aspects of their existence, and those related to sexual and loss of capacity working.
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The pecuniary damage, on the other hand, is determined when the assets of the injured party are violated. In this case, the damage does not rest only on the psychophysical well-being of the individual, but also on the biological sphere, as it damages the moral and emotional status of the person, as well as on the sphere of affairs causing economic damage.
Finally, we find the moral damage that concerns states of anxiety and mental anguish, suffered by transgressions and violations suffered.
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However, the compensation for the non-pecuniary damage can only be obtained if the transgressions of which we have been victims come from a criminal act of criminal importance and we can prove the fault of the responsible subject.
The type of punitive damage, on the other hand, is that which insurance companies must compensate for not to take legal action and, therefore, to resolve the dispute that has been determined at an out-of-court level.
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Instead, the existential damage is that which derives from the imposed abandonment of the implementation of tasks that do not produce income, but which are reasons of pleasure or gratification for the injured person, but which does not affect the psychophysical well-being of the person.
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Such damage, however, has been recently elaborated by the jurisprudence, and does not have precise references to the law. Also, the same would differ from the patrimonial one, as it does not violate the economic sphere; from the moral one, inasmuch as it does not lead to suffering but simply to abstain from an assignment; and finally from the biological one, since there is no actual violation of the individual as such, which would damage the psychophysical wellbeing of the injured person (Cassis 7.6.2000, n.7713; Cass. 3.2.1999, No. 911).
Temporary and permanent non-uniformity also differ from one another. The first one foresees a temporal duration of the illness, that is the necessary time needed to heal and cure the injuries that a subject has reported following an accident, and to return to work again.
During this time, the injured person is compensated for the biological damage he suffered and for the fact that, during the period of convalescence, he was unable to generate income. The second involves the loss or limitation of physical capacity that is established and calculated in percentage numbers by a medical examiner.
In this case, you are compensated for having suffered biological damage, but also for being victims of special professional damage, in the circumstances in which the reported injuries have caused a reduction of their work skills, limiting also their profits and any gains.
There are also cases in which such damage is calculated on an impartial basis and there is compensation at the pecuniary level; this occurs when, pursuant to art. 1226 c.c., the damage can not be ascertained in its precise and clear entity.
To obtain an impartial quotation, the presence of indemnifiable damage must be proven, even if such a claim is considered configurable by the jurisprudence even when the evidence presented by the injured party does not have validity and effective demonstration (Co 22.5.1979, No. 2972 ).
On the other hand, this quantification does not occur if the precise and clear extent of the damage is ascertained, by means of opinions and judgments of a technical nature.
While, compensation at the pecuniary level is regulated by art. 2058 c.c. , according to which the injured party can claim pecuniary compensation only if there is the possibility.
It is then up to the judge to determine whether such compensation must take place at a pecuniary level, in the sense that one is faced with an obligation of an economic nature that provides for the payment of a sum equivalent to the deprivation of assets patrimonial suffered by the injured and determined from the aforementioned crime.