Understanding the Value of Compensation

Suffering damage, whether physical, moral, or patrimonial, generates a profound sense of uncertainty, especially when it comes to quantifying its consequences. The question 'how much is my compensation?' is complex, and the answer is never immediate. Italian law provides for an articulated system to calculate compensation, which aims to restore, as far as possible, the situation prior to the harmful event. Understanding the criteria for this calculation is the first step to protecting one's rights. As an expert lawyer in damages compensation in Milan, attorney Marco Bianucci guides his clients through this process, ensuring that every aspect of the damage suffered is correctly evaluated and valued.

The Criteria for Calculating Damages Compensation

The quantification of damage is not an arbitrary operation, but follows precise legal criteria that distinguish between different types of prejudice. The fundamental distinction is between patrimonial damage, which concerns the economic sphere of the injured party, and non-patrimonial damage, which relates to the person and their psychophysical integrity. An accurate assessment requires the analysis of both categories to obtain a complete and fair picture of the compensation due.

Patrimonial Damage: Actual Loss and Loss of Profit

Patrimonial damage is broken down into two main categories. Actual loss (danno emergente) represents the immediate and direct economic loss suffered due to the unlawful act. It includes all sustained and verifiable expenses, such as medical costs, pharmaceutical costs, rehabilitation therapies, repairs of damaged vehicles or goods, and legal fees. Loss of profit (lucro cessante), on the other hand, refers to future lost earnings. This prejudice is more complex to demonstrate and quantify, as it involves a projection of the income the person would have earned if they had not suffered the damage, taking into account their career, their working abilities, and professional growth prospects.

Non-Patrimonial Damage: Biological, Moral, and Existential

This category protects the individual in their entirety. Biological damage is the injury to a person's psychophysical integrity, subject to medico-legal assessment. Its quantification in Italy mainly refers to the so-called 'Milan Court Tables', which have become a national parameter. These tables assign a value to each point of permanent or temporary disability, based on the age of the injured party. Alongside this, there is moral damage, understood as inner suffering and mental distress, and existential damage, which represents the worsening of the quality of life and the forced renunciation of activities and relationships that previously enriched the person's existence.

The Bianucci Law Firm's Approach to Damage Assessment

The approach of attorney Marco Bianucci, an expert lawyer in damages compensation, is based on a meticulous and personalized analysis of each individual case. Quantifying fair compensation cannot be limited to a cold application of tables. It is necessary to reconstruct the entire history of the injured person, understanding the impact the event has had on every aspect of their life. The firm relies on a consolidated network of medico-legal and technical consultants to accurately ascertain the extent of biological damage and to document every expense. The strategy focuses on valuing all categories of damage, including those often overlooked, such as existential damage, to ensure that the final compensation is truly commensurate with the prejudice suffered.

Frequently Asked Questions

How is compensation for biological damage calculated?

The calculation of biological damage is based on a medico-legal assessment that establishes a percentage of permanent disability and the number of days of temporary inability (absolute or partial). These values are then monetized using the Milan Court Tables, which cross-reference the percentage of disability with the age of the injured party: for the same injury, compensation is greater for younger individuals.

What are the Milan Court Tables?

The Milan Court Tables are a tool for the liquidation of non-patrimonial damage, particularly biological damage, developed by the Observatory on Civil Justice of Milan. Although they are not a law, the Court of Cassation has recognized their value as a national reference parameter to ensure uniformity of treatment in compensation across the entire Italian territory.

How long do I have to claim damages?

The limitation periods for claiming compensation vary depending on the nature of the unlawful act. Generally, for an unlawful act (such as a road accident), the term is 2 years. If the act constitutes a crime, the term may be longer. For contractual liability (for example, in the context of medical malpractice by a healthcare facility), the term is 10 years. It is essential to act promptly to avoid losing the right.

Does compensation also cover future damages?

Yes, compensation must cover all damages, including future ones, provided they are a reasonably foreseeable consequence of the unlawful act. This includes both loss of profit (future lost earnings) and future expenses that will be necessary for care, assistance, or therapies due to the injuries sustained. Their quantification requires careful analysis and solid documentary evidence.

Request an Assessment of Your Case in Milan

Obtaining fair compensation requires expertise, strategy, and a deep understanding of the regulatory and jurisprudential framework. If you have suffered damage and wish for a clear and professional assessment of your rights, you can contact the Bianucci Law Firm. Attorney Marco Bianucci offers his consolidated experience to analyze your situation and define the most effective path for protecting your interests. Contact the firm to schedule an initial consultation in Milan.