Suffering a violent crime is a traumatic experience that leaves deep wounds, not only physical but also psychological. In a moment of such vulnerability, navigating the complex legal dynamics to obtain justice can appear as an insurmountable obstacle. Understanding one's rights and the paths available to obtain fair compensation is the first fundamental step to begin a recovery process. As an expert lawyer in personal injury claims in Milan, attorney Marco Bianucci supports crime victims with competence and sensitivity, ensuring legal protection aimed at asserting their rights in every appropriate forum.

The Right to Compensation: Regulatory Framework and Legal Paths

The Italian legal system provides specific protection tools for crime victims, aimed at compensating for the damages suffered. Compensable damage is not limited to physical injury or medical expenses incurred (pecuniary damage), but also includes inner suffering, psychological distress, and the alteration of life habits (non-pecuniary damage). The latter is divided into various components, such as biological damage (lesion of psycho-physical integrity), moral damage (subjective suffering), and existential damage (worsening of quality of life).

To obtain compensation, the victim can take two main paths. The first, and often most effective, is the civil party constitution within the criminal proceedings initiated against the perpetrator of the crime. This choice allows the victim to assert their compensation claims directly in the criminal forum, speeding up times and concentrating the ascertainment of facts in a single judgment. Alternatively, it is possible to initiate an autonomous civil action, separate from the criminal proceedings. Finally, in specific cases where the perpetrator of the crime remains unknown or is not solvent, the law provides for the possibility of accessing state compensation for victims of violent intentional crimes.

The Strategic Approach of Bianucci Law Firm

The approach of attorney Marco Bianucci, a lawyer with consolidated experience in personal injury claims in Milan, is based on a strategic and personalized analysis of each individual case. The first phase consists of carefully listening to the victim to fully understand the dynamics of the facts and the extent of the damages suffered. Subsequently, all necessary documentation, such as medical reports, expert opinions, and testimonies, is collected and analyzed, crucial elements for correctly quantifying the damage and supporting the compensation claim. The strategy is defined in close collaboration with the client, evaluating whether the civil party constitution is the most advantageous path or if a separate action is preferable.

The Bianucci Law Firm, when necessary, avails itself of the collaboration of medico-legal consultants and forensic psychologists to ensure a complete and objective evaluation of every damage item, both pecuniary and non-pecuniary. The goal is not only to obtain fair economic compensation but also to ensure that the victim feels supported and protected throughout the legal process, a path that must lead to a form of restorative justice and contribute to the personal healing process.

Frequently Asked Questions

Against whom can I claim damages?

The claim for compensation is primarily directed at the perpetrator of the crime, once identified and convicted. Should the perpetrator of the crime not be identified or not have assets to compensate for the damage (i.e., be insolvent), Italian law provides, under certain conditions, for access to a state compensation fund for victims of intentional violent crimes, such as sexual violence, homicide, or very serious personal injuries.

How is the amount of compensation calculated?

The calculation is a complex process that takes into account multiple factors. For pecuniary damage, documented medical expenses incurred and lost earnings are considered. For non-pecuniary damage (biological, moral, existential), judges refer to specific tables elaborated by the courts, such as the well-known Tables of the Court of Milan, which provide standardized criteria based on the victim's age and the percentage of permanent disability ascertained by a medico-legal expert.

What are the timelines for obtaining compensation?

Timelines can vary significantly based on the chosen legal path and the complexity of the case. The civil party constitution in criminal proceedings is generally faster, as the decision on compensation is linked to the criminal judgment. An autonomous civil action can have longer timelines. It is important to act promptly, as the right to compensation for damage arising from an unlawful act generally prescribes in five years from the day the act occurred.

What does it mean to constitute oneself as a civil party in criminal proceedings?

Constituting oneself as a civil party is the formal act by which the person harmed by a crime (or their heirs) requests to participate in the criminal proceedings to obtain compensation for the damages suffered. In this way, the victim becomes an active party in the process, able to present evidence, testimonies, and formulate their compensation requests directly to the criminal judge, who will decide both on the guilt of the accused and on the obligation to compensate for the damage.

Contact the Lawyer for an Evaluation of Your Case

Facing the consequences of a violent crime requires not only personal strength but also the support of a competent and reliable legal guide. Understanding the available options and acting within the correct timelines is essential not to jeopardize one's right to fair compensation. If you have been a victim of a crime and wish to receive a clear and professional evaluation of your situation, contact the Bianucci Law Firm. Attorney Marco Bianucci, an expert lawyer in personal injury claims in Milan, is at your disposal to provide you with the necessary assistance to protect your rights.