Understanding Pecuniary Damage Compensation

Suffering an economic loss due to a contractual breach or another party's unlawful act can have significant consequences on one's assets and financial stability, both for individuals and businesses. Understanding how to obtain fair compensation is the first step in protecting your rights. As an expert lawyer in damage compensation in Milan, Avv. Marco Bianucci supports his clients throughout the entire process of quantifying and claiming damages, ensuring precise analysis and a targeted strategy. Managing these cases requires not only a deep understanding of the law but also the ability to unequivocally document and prove the extent of the loss suffered.

The Legal Framework: Actual Damages and Loss of Profit

Italian law, particularly through Article 1223 of the Civil Code, defines compensable pecuniary damage as the economic loss that is an immediate and direct consequence of the unlawful conduct or breach. This concept is divided into two fundamental components, the correct identification of which is crucial for a complete and effective compensation claim.

Actual Damages (Danno Emergente): The Loss Suffered

Actual damages represent the immediate and tangible decrease in the damaged party's assets. This is the actual and documentable economic loss that occurred due to the harmful event. This category includes, for example, expenses incurred to repair damaged property, medical costs not covered by the healthcare system, legal fees to assert one's rights, or the value of destroyed property. Proof of actual damages is based on concrete documentation such as invoices, receipts, technical expert reports, and contracts.

Loss of Profit (Lucro Cessante): Lost Earnings

Loss of profit is a more complex component to prove, as it represents the increase in assets that would have likely occurred had the unlawful act not happened. In other words, it is lost earnings. For a professional, it could consist of income not earned during a period of inability to work; for a company, it could be profits not realized due to production interruption or loss of business opportunities. Quantifying loss of profit requires a prospective analysis based on objective elements, such as past tax returns, company financial statements, and market projections.

The Strategic Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert lawyer in damage compensation in Milan, is based on a meticulous and personalized analysis of each individual case. The strategy is not limited to simply requesting an amount but begins with a rigorous investigative phase aimed at gathering all necessary evidence to accurately quantify both actual damages and loss of profit. This process may include collaboration with external technical consultants (CTP), such as forensic doctors, forensic accountants, or engineers, to prepare expert reports that solidly support the compensation claim. The primary objective is to reach an out-of-court settlement, but if this is not possible, the firm is prepared to defend the client's interests in any judicial forum with determination and competence.

Frequently Asked Questions

How is pecuniary damage calculated?

The calculation of pecuniary damage does not follow a universal mathematical formula but is the result of a detailed analysis of the specific case. For actual damages, all documented expenses directly related to the event are summed up. For loss of profit, a prognostic evaluation is made based on concrete and probable elements, such as the victim's historical income or the company's turnover, projecting it into the future. The intervention of an expert is often necessary for an accurate estimate.

What is the difference between pecuniary and non-pecuniary damage?

Pecuniary damage exclusively concerns losses of an economic nature, i.e., the violation of an interest that can be monetarily valued (actual damages and loss of profit). Non-pecuniary damage, on the other hand, relates to the violation of personal interests that cannot be economically valued, such as health (biological damage), inner suffering (moral damage), and a decrease in quality of life (existential damage).

What evidence is needed to claim compensation?

To support a compensation claim, it is essential to provide concrete evidence. For pecuniary damage, documents such as invoices, receipts, contracts, valuation reports, tax returns, company financial statements, and any other document attesting to the economic loss are crucial. Testimonies can also help demonstrate the causal link between the event and the damage suffered.

How much time do I have to claim compensation for damages?

The time limits for claiming compensation are established by law and vary depending on the nature of the unlawful act. Generally, the right to compensation for an unlawful act is statute-barred after 5 years from the day the act occurred. For damages arising from a contractual breach, the statute of limitations is 10 years. There are shorter periods, for example, for damages from road traffic accidents (2 years). It is therefore crucial to act promptly to avoid losing your right.

Contact the Firm for an Evaluation of Your Case

If you have suffered an economic loss and believe you are entitled to compensation, the first step is to understand the real extent of your damage and the concrete possibilities of obtaining restitution. Relying on a competent professional is essential to avoid overlooking any component of the damage and to establish an effective strategy. Avv. Marco Bianucci offers consultations in Milan to analyze your situation, evaluate documentation, and define the best course of action to protect your economic interests. Contact the firm to receive an initial opinion on your case.