Damage from fire or explosion: how to act

Suffering damage due to a fire or explosion is a deeply traumatic experience, extending beyond mere material loss. Suddenly, one faces the destruction of personal belongings, structural damage to one's home or workplace, and, in the most severe cases, health consequences. In these complex circumstances, understanding how to proceed to obtain fair compensation is fundamental. Italian law provides specific protective instruments for those who suffer unjust damage, but navigating responsibilities, technical assessments, and negotiations with insurance companies requires targeted legal support. As an attorney specializing in damage compensation in Milan, Lawyer Marco Bianucci assists those who have suffered harm, outlining a clear path for the protection of their rights.

The regulatory framework: liability and the right to compensation

The request for compensation for damages resulting from fire or explosion is based on cornerstone principles of our legal system. Liability can be attributed to different parties, depending on the triggering cause of the event. Reference is often made to Article 2051 of the Civil Code, which governs damage caused by things in custody. This norm establishes that the custodian of a good (for example, the owner of a defective system or the condominium for common parts) is responsible for the damage it causes, unless they prove unforeseeable circumstances (caso fortuito). In other contexts, liability for unlawful acts (Article 2043 c.c.) may apply, if the damage is a direct consequence of a negligent or intentional act by a third party. It is crucial to correctly identify the responsible party and the causal link between their conduct and the damages suffered, which can be of a patrimonial nature (restoration costs, value of lost goods, lost earnings) and non-patrimonial nature (biological, moral, or existential damage in case of physical injury or psychological shock).

The Bianucci Law Firm's approach to damage management

Addressing a damage compensation claim requires a precise and timely strategy. The approach of Lawyer Marco Bianucci, an attorney specializing in damage compensation in Milan, is based on meticulous analysis and a structured, phased action. The first step consists of an in-depth examination of the case to identify the causes of the event and the relative responsibilities. Subsequently, it becomes essential to proceed with a precise quantification of damages, utilizing the collaboration of trusted experts and technicians to prepare a detailed and objective estimate. With these elements, the out-of-court phase begins, interacting with insurance companies and opposing parties to negotiate adequate compensation. The goal is to resolve the dispute effectively and quickly, but if negotiations do not lead to a satisfactory result, the firm is prepared to undertake legal action to assert the client's rights in court.

Frequently Asked Questions

Who is responsible for fire damage in my apartment?

Responsibility depends on the origin of the fire. If the fire started from a common area of the condominium (e.g., a defective condominium electrical system), responsibility falls on the condominium itself. If, however, it originated from a neighbor's property, the latter will be responsible for the damages. If the cause is a defect in a product or a system installed by third parties, responsibility can be attributed to the manufacturer or installer.

How is the value of compensation for destroyed goods calculated?

The calculation of compensation for destroyed goods (emergent damage) is based on their market value at the time of the incident. It is essential to collect all possible documentation, such as invoices, receipts, photographs prior to the event, and any proof of purchase. A party's technical assessment is the most effective tool to obtain a detailed and defensible estimate of the value of lost goods, including furnishings, appliances, and personal items.

How long do I have to claim fire damage compensation?

The right to compensation for damage arising from an unlawful act generally prescribes in five years from the day the act occurred. However, the terms may vary depending on the specific circumstances of the case, for example, if the act also constitutes a crime. It is essential to act promptly to avoid the risk of losing one's right.

The insurance company won't pay or offers too low an amount, what can I do?

This is a common situation. Insurance companies may dispute the dynamics of the event, the extent of the damage, or the policy's applicability. In this case, it is crucial not to accept lowball offers and to rely on a lawyer. The lawyer can formally challenge the insurance company's position, based on the party's expert assessment and collected documentation, initiating a stronger negotiation or, if necessary, legal action to obtain fair compensation.

Contact Lawyer Marco Bianucci for an assessment of your case

If you have suffered damage as a result of a fire or explosion and need assistance to obtain fair compensation, it is important to act with the support of a professional. Lawyer Marco Bianucci offers his expertise in Milan to analyze your situation, evaluate the merits of the claim, and define the most appropriate legal strategy. Contact the Bianucci Law Firm to receive targeted advice and protect your rights.