Understanding compensation for serious injuries

Suffering an accident that causes serious injuries or permanent disability is a life-altering experience for an individual and their family. Beyond the physical and emotional trauma, the consequences can extend to professional, social, and relational spheres, creating uncertainty about the future. In these moments, understanding one's rights and how to obtain fair compensation is a fundamental step towards protecting one's dignity and building a new balance. As an experienced lawyer in personal injury compensation in Milan, Attorney Marco Bianucci supports victims of serious accidents, providing targeted legal assistance to obtain full recognition of the damages suffered.

The regulatory framework for personal injury compensation

The Italian legal system provides a system of protections for those who suffer unjust harm to their psycho-physical integrity. The cornerstone principle is enshrined in Article 2043 of the Civil Code, which obliges anyone who causes harm to others to compensate them. When the harm concerns health, one enters the complex field of personal injury, which is articulated into various compensation categories, each with a specific function. The correct quantification of each individual category is essential to ensure that the victim receives full and fair compensation for everything lost due to the harmful event.

Biological Damage: the core of compensation

Biological damage represents the injury to a person's psycho-physical integrity, subject to medico-legal assessment. This damage is compensated regardless of the person's ability to generate income. It is divided into two main components: temporary disability (absolute or partial), which covers the period of illness and inability until recovery with stabilized sequelae, and permanent disability, which quantifies in percentage terms the definitive reduction of a person's ability to carry out normal daily and relational activities.

Other damage categories: Moral and Pecuniary

In addition to biological damage, compensation must include moral damage, understood as the inner suffering, pain, and psychological distress suffered by the victim as a consequence of the unlawful act. To these is added pecuniary damage, which covers direct economic losses. This is distinguished into 'emergent damage', i.e., direct expenses incurred (such as medical care, medicines, assistance), and 'loss of earnings', which represents the lost income resulting from the inability to work, both temporarily and, in the most serious cases, definitively.

The Strategic Approach of Bianucci Law Firm in Milan

Obtaining fair compensation for serious and permanent injuries requires a meticulous approach and a deep knowledge of the subject. The approach of Attorney Marco Bianucci, a lawyer with consolidated experience in personal injury compensation in Milan, is based on a personalized strategy. Each case begins with an in-depth analysis of medical documentation and the circumstances of the accident. The firm collaborates with trusted medico-legal consultants to accurately ascertain the extent of injuries and correctly quantify each individual damage category, using the Milan Court Tables as a reference, recognized nationally as the most reliable criterion for the liquidation of personal injury. The objective is always to fully protect the client's interests, both in out-of-court settlements and in potential litigation.

Frequently Asked Questions

How is compensation for permanent disability calculated?

The calculation of compensation for permanent disability is based on medico-legal and legal criteria. A forensic doctor establishes a percentage of disability (e.g., 15%). This percentage is then used, together with the victim's age, to calculate a basic economic amount using the Milan Court Tables. To this value are added the compensation for temporary disability, moral damage, and any pecuniary damage.

What exactly does compensation for biological damage cover?

Biological damage covers the impairment of a person's daily and relational activities due to the injury. It does not concern the ability to generate income, but the impact on the quality of life: difficulties in practicing sports, hobbies, taking care of oneself and the home, and in social relationships. It is damage to the individual's personal sphere, compensated regardless of their profession.

How long do I have to claim compensation for serious injuries?

Statute of limitations vary depending on the cause of the damage. For road accidents, the term is generally two years. If the act constitutes a crime (e.g., serious or very serious culpable injuries), the statute of limitations is longer and coincides with that provided for the crime itself. It is crucial to act promptly to avoid losing the right to compensation.

Is a forensic doctor necessary to obtain compensation?

Yes, the role of the party's forensic doctor is crucial. While the insurance company appoints its own forensic doctor, it is essential that the victim is assisted by their own consultant. This professional drafts an expert report that certifies the extent of the biological damage and the causal link with the accident, providing the indispensable technical basis for formulating a correct compensation claim.

Request an assessment of your case in Milan

Facing a process for serious injury compensation requires competence, determination, and sensitivity. If you or a family member have suffered permanent injuries, it is essential to rely on a professional who can guide you through every phase of the process. The Bianucci Law Firm offers a preliminary case analysis to define the best legal strategy to pursue. Contact Attorney Marco Bianucci to receive qualified legal advice and understand how to best protect your rights and obtain fair compensation.