The protection of company assets

A business operates in a complex ecosystem, where commercial and contractual relationships are the engine of growth. However, when a business partner fails to honor an agreement, a supplier causes a production interruption, or a competitor acts unfairly, economic damage can jeopardize the stability and future of the company itself. Understanding how to act to obtain fair compensation is a fundamental step to protect your assets. In these circumstances, the support of an expert lawyer in damages compensation in Milan becomes crucial to analyze the situation, quantify losses, and define the most effective legal strategy for the protection of your interests.

The regulatory framework for business damage compensation

Italian law provides specific tools to protect companies that suffer economic prejudice. The liability that generates the right to compensation can have two main origins. On the one hand, contractual liability, governed by Article 1218 of the Civil Code, arises when one of the parties to a contract fails to precisely perform the due service. This includes delays in deliveries, defective supplies, or the non-performance of a service. On the other hand, non-contractual liability, based on Article 2043 of the Civil Code, intervenes when a subject causes unjust damage to another outside of a contractual bond, as in cases of unfair competition or damage to the company's image.

The components of compensable damage

Compensation for businesses is not limited to covering immediate loss. It is divided into two fundamental components that must be rigorously proven. Emergent damage represents the direct and immediate economic loss suffered by the company, such as costs incurred to repair damaged machinery or to purchase an alternative supply at a higher price. Loss of profit, on the other hand, corresponds to lost earnings, i.e., the profits that the business could not realize due to the breach or unlawful act suffered. The quantification of this item is complex and requires a detailed analysis of financial statements, market projections, and lost business opportunities.

The approach of Bianucci Law Firm

The approach of lawyer Marco Bianucci, an attorney with consolidated experience in damages compensation in Milan, is methodical and oriented towards concrete results for the business. Each case is managed through a strategic process that begins with an in-depth analysis of contractual documentation, communications, and any probative element useful to substantiate the claim for compensation. The primary objective is, where possible, to reach an out-of-court settlement through targeted negotiations that allow for fair compensation to be obtained quickly and at contained costs. Should the negotiation path not lead to a satisfactory outcome, the firm assists the company in every phase of judicial litigation, building a solid defense line to assert its rights in court.

Frequently Asked Questions

How is loss of profit demonstrated for a company?

Proof of loss of profit requires rigorous argumentation, supported by accounting documentation and economic projections. It is necessary to demonstrate, with a reasonable degree of certainty, what profits would have been achieved if the breach or unlawful act had not occurred. To this end, previous years' financial statements, industrial plans, lost contracts, and, in many cases, technical appraisals prepared by specialized consultants who can objectively quantify the lost earnings are essential.

What to do immediately after suffering damage from a breach?

The first action to take is to collect and preserve all evidence related to the breach and the consequent damage. It is essential to send a formal communication to the counterparty, a notice to perform, in which the contractual violation is contested and the performance is urged within a precise deadline. It is advisable to immediately consult a lawyer to evaluate the situation and avoid taking steps that could compromise the claim for compensation.

What are the statutes of limitations for a business damages claim?

Statutes of limitations vary depending on the nature of the liability. For contractual liability, the right to compensation generally prescribes in ten years. For non-contractual liability, arising from an unlawful act, the term is shorter, generally five years. It is essential to act promptly to avoid losing the right to obtain economic compensation.

Protect Your Business: Request a Case Evaluation

Facing economic damage requires clarity, strategy, and legal expertise. If your company has suffered prejudice due to a partner's breach or an unlawful act committed by third parties, it is essential to act to protect your rights. Lawyer Marco Bianucci offers his experience to analyze your specific situation and illustrate possible legal actions. Contact Bianucci Law Firm in Milan for a preliminary evaluation of your case and to define the most effective path to defend your business.