Understanding the value of compensation

Dealing with the consequences of personal injury, whether resulting from a road accident, a case of medical malpractice, or another unlawful act, is a complex and painful experience. Beyond the physical and emotional impact, a fundamental question arises: how is the suffering endured translated into fair financial compensation? In Italy, the answer to this question is mainly based on the application of the Milan Court Tables, a national reference point for the liquidation of non-pecuniary damage. As an expert lawyer in personal injury compensation in Milan, Lawyer Marco Bianucci guides his clients in the correct interpretation and application of these criteria, ensuring that every aspect of the damage is adequately considered.

What are the Milan Tables?

The Milan Tables are not a law, but a set of criteria for the liquidation of non-pecuniary damage developed by the Observatory on Civil Justice of the Court of Milan. Born from judicial practice, their authority and detail have made them, thanks to the endorsement of the Court of Cassation, the reference parameter for all Italian courts. Their purpose is to ensure uniformity of treatment throughout the national territory, preventing similar cases from receiving vastly different compensations depending on the competent court. They are updated periodically, and the 2024 version takes into account the latest variations in the cost of living and jurisprudential guidelines.

How compensation is calculated

The Milan Tables system is based on a point-based mechanism, which cross-references two fundamental variables for the quantification of non-pecuniary damage only: the severity of the injury and the age of the injured person. This seemingly mathematical process hides complexities that require careful legal and medico-legal analysis.

Biological Damage and the Point System

The starting point is the assessment of biological damage, understood as the permanent injury to a person's psycho-physical integrity. A forensic doctor, through an expert report, establishes a percentage of permanent disability (from 1 to 100). This value is then entered into the tables, which assign a monetary value to each point of disability. The value of a single point decreases with the increasing age of the victim, as it is presumed that the consequences of the impairment will affect them for a shorter period of time.

The Personalization of Damage

The tables provide a basis for calculation, not an immutable final amount. Jurisprudence recognizes the need for personalization of compensation. This means that the standard amount can be increased to take into account the specific negative consequences that the injury has had on the person's daily life and activities, such as giving up a hobby, difficulties in social relationships, or the impact on the emotional sphere. Demonstrating these consequences with concrete evidence is a crucial step to obtain compensation that is truly fair and complete.

The Approach of Bianucci Law Firm

Obtaining correct compensation is not a simple calculation exercise. Lawyer Marco Bianucci's approach, expert lawyer in personal injury compensation in Milan, focuses on a complete and documented reconstruction of all damage items, both pecuniary and non-pecuniary. The firm's strategy is not limited to applying tabular values but aims to bring out every useful element to support a request for personalization of the amount, ensuring that the compensation fully reflects the suffering and changes that the damage has imposed on the client's life.

This result is achieved through a rigorous analysis of medical documentation, collaboration with trusted medico-legal consultants, and the collection of testimonial and documentary evidence that demonstrates the concrete impact of the harmful event. The goal is always to ensure that the assisted person receives not only what is provided for by the tables but compensation that is truly fair and proportionate to their personal history.

Frequently Asked Questions

Are the Milan Tables valid throughout Italy?

Yes. Although they originated as a practice of the Court of Milan, the Court of Cassation has elevated them to a national reference parameter for the liquidation of non-pecuniary damage. Judges in other courts may deviate from them, but only by providing adequate and specific reasoning to justify such a decision.

What does non-pecuniary damage include?

Non-pecuniary damage is a broad category that includes biological damage (injury to health), moral damage (internal suffering and distress), and existential damage (worsening of quality of life and alteration of habits). The Milan Tables liquidate these items jointly, but a correct legal defense must highlight each individual component to support a possible personalization.

Do the tables also cover pecuniary damage?

No, the tables refer exclusively to non-pecuniary damage. Pecuniary damage, which includes medical expenses incurred (emergent damage) and the loss or reduction of income-generating capacity (loss of profit), must be calculated and proven separately with specific documentation, such as invoices, receipts, and economic expert reports.

How long do I have to claim compensation?

Statute of limitations vary depending on the nature of the unlawful act. In general, for an extra-contractual unlawful act, the right to compensation expires in 5 years. For damages arising from vehicle circulation, the term is reduced to 2 years. In the context of medical liability, the term is 10 years. It is crucial to act promptly to avoid losing one's right.

Request an Evaluation of Your Case in Milan

The determination of fair compensation is a process that requires technical expertise, experience, and a deep understanding of legal and insurance dynamics. Facing this process without adequate legal assistance can compromise the possibility of having one's rights fully recognized. Lawyer Marco Bianucci, with consolidated experience in the field of personal injury compensation in Milan, offers strategic support for the evaluation of each case.

Contact Bianucci Law Firm for an in-depth analysis of your situation. You will be guided through every phase, from the correct setting up of the medico-legal expert report to negotiation with the opposing party or legal action, with the aim of obtaining the maximum possible compensation for the damage you have suffered.