Compensation for Air Accidents

Suffering or losing a loved one in an air accident, whether involving a commercial flight, a helicopter, or a tourist aircraft, is a profoundly traumatic experience. In a time of such difficulty, navigating the complex international and national regulations to obtain fair compensation can seem like an insurmountable obstacle. Understanding your rights is the crucial first step in protecting yourself and your family. As an expert lawyer in compensation for damages in Milan, lawyer Marco Bianucci assists victims and their families to ensure they receive the maximum protection provided by law.

The Regulatory Framework: International Conventions and Domestic Law

The matter of compensation for damages from air accidents is governed by a complex body of rules, which varies depending on the nature of the flight (national or international). The cornerstone of passenger protection for international flights is the Montreal Convention of 1999. This treaty introduces a principle of strict liability for the air carrier: the airline is liable for damage resulting from the death or personal injury of a passenger solely because the accident occurred on board the aircraft or during embarkation or disembarkation operations. This means that, up to a certain compensation threshold, the victim is not required to prove the airline's fault.

For purely domestic flights, however, the reference legislation is the Italian Navigation Code, supplemented by European regulations. Even in this case, the law provides stringent forms of protection for passengers. The quantification of damages is a delicate process that must take into account all categories of harm suffered: from biological damage (injury to psychophysical integrity) to moral damage (inner suffering), up to material damage, such as loss of future income and medical expenses incurred.

The Approach of the Bianucci Law Firm

Obtaining fair compensation from large airlines and their insurers requires technical expertise, strategy, and determination. The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in compensation for damages in Milan, is based on a rigorous and personalized analysis of each individual case. The firm meticulously reconstructs the dynamics of the accident, using technical experts if necessary, and precisely quantifies each item of damage. The goal is not simply to obtain compensation, but to ensure full compensation that takes into account all the repercussions the event has had on the lives of the victim and their family, both present and future.

Frequently Asked Questions

What damages are compensable in the event of an air accident?

Both material damages, such as medical expenses, lost earnings, and future economic losses, and non-material damages are compensable. The latter include biological damage (physical and psychological injury), moral damage (subjective suffering), and existential damage (worsening of quality of life), as well as thanatological damage (loss of life) and damage for loss of parental relationship for surviving relatives.

How long do I have to claim compensation for an air accident?

According to the Montreal Convention, the action for compensation for damages must be initiated, under penalty of forfeiture, within two years. This period runs from the day of arrival at the destination, or from the day scheduled for arrival, or from the day on which the carriage was interrupted. It is crucial to act promptly to avoid losing the right to compensation.

Is the airline always responsible for the accident?

The Montreal Convention establishes a regime of almost strict liability. For damages up to 128,821 Special Drawing Rights (an accounting currency of the IMF), the airline cannot contest its liability. For amounts exceeding this, the airline is presumed liable and can only absolve itself by proving that the damage was not due to its negligence or that it was caused solely by the fault of a third party.

What should I do immediately after an air accident if I am a victim's family member?

It is essential to keep all documentation related to the flight (ticket, boarding pass) and any proof of expenses incurred. Subsequently, it is advisable to contact an expert lawyer in the field to receive qualified advice and avoid accepting potentially inadequate compensation offers from airlines or their insurers.

Request a Case Evaluation

Dealing with the aftermath of an air accident requires the support of a professional capable of navigating the complexities of navigation law. If you or a family member have been involved in an air accident, you can contact the Bianucci Law Firm. Lawyer Marco Bianucci offers an initial case evaluation to analyze your situation and outline the concrete possibilities of obtaining fair compensation. Contact the firm, located in Milan, at via Alberto da Giussano 26, to schedule an appointment.