Injury and Career at Risk

An injury for a professional athlete is not a mere physical setback, but an event that can jeopardize a career built with years of sacrifice, discipline, and passion. When such an injury is caused by the illicit conduct of third parties, such as a clearly foul play, an incorrect medical diagnosis, or inadequate sports facilities, the right to obtain fair compensation arises. Understanding the complexity of these situations is the first step towards protecting one's professional and personal future. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists professional athletes to ensure their rights are fully recognized.

The Legal Framework for Athlete Compensation

The claim for compensation for a sports injury is broken down into several categories of damages, which must be analyzed with precision. Italian law primarily distinguishes between pecuniary damage and non-pecuniary damage. The former includes both emergent damage, i.e., medical, rehabilitation, and assistance expenses incurred, and lost profits. The latter is of crucial importance for an athlete, as it represents the lost earnings from salaries, prizes, sponsorships, and future contracts that have been forfeited due to the injury.

Alongside lost profits, one of the most significant categories of damage in this field is the loss of chance. This refers to compensation for the loss of a concrete possibility of obtaining an economic advantage or career advancement. For an athlete, this can mean the missed participation in an important competition, the loss of a transfer to a higher-level team, or the inability to achieve a milestone that would have increased their market value. Quantifying this damage requires in-depth analysis based on probabilistic criteria, taking into account past career and future potential.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is strategic and personalized. Each case is handled through rigorous analysis, starting with reconstructing the dynamics of the incident and identifying responsibilities. The next phase is the precise quantification of damages, a complex process that Studio Legale Bianucci undertakes with the collaboration of medico-legal consultants and sports sector experts. These professionals are able to assess the impact of the injury on performance and project future economic losses, including the loss of chance.

The strategy focuses on the complete protection of the athlete, aiming to obtain fair compensation for all components of the damage suffered: pecuniary, biological, moral, and existential. The goal is to ensure that the compensation not only covers immediate losses but also provides the necessary resources to reprogram one's future, whether within or outside the sports world. The defense of the client's interests is pursued with determination, both in out-of-court proceedings, to reach a fair agreement, and in court.

Frequently Asked Questions

How is compensation calculated for an injury that jeopardizes a career?

The calculation is a complex process that is not based on standard tables but on a personalized assessment. Medical expenses (emergent damage), lost earnings during the period of inactivity, and, above all, future lost income (lost profits), such as salaries, sponsorship contracts, and prizes, are considered. In addition, the loss of chance and compensation for damage to psycho-physical health (non-pecuniary damage) are assessed.

What exactly does loss of chance mean for an athlete?

Loss of chance is the loss of a concrete and appreciable opportunity to obtain a future benefit. It is not the missed outcome that is compensated, but the possibility of achieving it. For example, a footballer who suffers a serious injury before a decisive trial for a higher-category team can claim compensation for having lost that specific opportunity for professional and economic advancement.

How much time do I have to initiate a claim for damages?

The statute of limitations for claiming compensation varies depending on the nature of the liability (contractual or tortious). It is crucial to act promptly to avoid losing the right to compensation. As soon as the injury occurs and third-party liability is ascertained, it is advisable to consult a lawyer for a precise assessment of the applicable terms for your case.

Does compensation also cover the psychological impact of the injury?

Absolutely. Damage to psycho-physical health falls under so-called non-pecuniary damage. An injury that forces an athlete to interrupt or end their career has a devastating psychological impact. This suffering, defined as biological-psychiatric damage and moral damage, is an essential component of compensation and is ascertained through specific medico-legal expert reports.

Contact the Lawyer for an Assessment of Your Case

If an injury caused by third parties is jeopardizing your sports career, it is essential to know and assert your rights. Avv. Marco Bianucci offers his consolidated experience to analyze your situation and define the most effective strategy to obtain fair compensation. Contacting an expert lawyer in damages compensation is the first step to protecting your future. Studio Legale Bianucci is located in Milan, at Via Alberto da Giussano, 26, and provides legal assistance to protect professional athletes.