Understanding Compensation for Damages

Experiencing a road accident is a traumatic event that can leave significant physical, emotional, and financial consequences. In a moment of such vulnerability, navigating the complex bureaucratic and insurance procedures to obtain fair compensation can seem like an insurmountable obstacle. Understanding your rights and the actions to take is the crucial first step in protecting your position. As an expert lawyer for compensation for damages in Milan, Avv. Marco Bianucci assists individuals involved in road accidents, providing clear guidance and legal support aimed at ensuring that every aspect of the damage suffered is correctly assessed and settled.

The Regulatory Framework for Compensation in Italy

Italian legislation, primarily contained in the Civil Code and the Private Insurance Code, establishes the right of anyone who suffers unjust damage as a result of a road accident to receive full compensation. Compensable damages are divided into two broad categories. The first is pecuniary damage, which includes both 'emergent damage,' meaning direct expenses incurred (vehicle repairs, medical costs), and 'loss of earnings,' which represents the loss of income due to the inability to work. The second category is non-pecuniary damage, which includes 'biological damage,' understood as injury to a person's psycho-physical integrity, 'moral damage,' relating to inner suffering, and 'existential damage,' which concerns the deterioration of quality of life and the renunciation of fulfilling activities.

The Bianucci Law Firm's Approach

The objective of the Bianucci Law Firm is not simply to obtain compensation, but to ensure that the client receives fair and full redress for all the prejudices suffered. Often, the offers made by insurance companies out of court tend to underestimate the real extent of the damage, particularly concerning non-pecuniary components. The approach of Avv. Marco Bianucci, an expert lawyer for compensation for damages in Milan, is based on a precise strategy: an in-depth analysis of the documentation, collaboration with trusted medico-legal experts for the correct quantification of biological damage, and assertive management of negotiations with the insurance company. Should negotiation not lead to a fair outcome, the firm is prepared to initiate legal action to assert the client's rights in court.

Frequently Asked Questions

How long do I have to claim compensation after an accident?

The right to compensation for damage arising from vehicle circulation is, as a rule, subject to a statute of limitations of two years from the day the accident occurred. It is essential to act promptly to avoid losing the right to be compensated. In case of injuries, the period begins to run from the moment of clinical recovery or the stabilization of sequelae, as certified by a medical certificate. If the accident also constitutes a crime (e.g., serious negligent injury), the statute of limitations may be longer.

What should I do immediately after a road accident?

Immediately after an accident, it is crucial to remain calm and follow some essential steps. If there are injured parties, the first thing to do is call for help (118) and the authorities (Traffic Police, Carabinieri, or Local Police). It is important to fill out the amicable accident report form (CID or CAI) in its entirety and, if possible, collect the data of any witnesses. Photographing the vehicles involved, the damage sustained, and the accident scene can be extremely useful. In case of physical injuries, even minor ones, it is essential to go to the emergency room for an initial medical assessment.

The insurance company made me an offer, should I accept it?

It is advisable to proceed with great caution. Initial offers from insurance companies are often calculated at a lower rate and may not take into account all heads of damage, such as moral or existential damage. Accepting an offer as 'full and final settlement' precludes the possibility of making further claims in the future. Before signing any document, it is always advisable to have the appropriateness of the offer assessed by an expert lawyer, who can verify if the proposed amount fully covers all the damages suffered.

Who pays for legal fees for compensation for damages?

In most cases of compensation for road accidents, legal fees are directly settled by the civilly liable party's insurance company, as an integral part of the overall compensation. The aim is to ensure that legal assistance does not represent a cost for the injured party, who has the right to have their assets fully restored. The specific arrangements are always discussed clearly and transparently at the beginning of the mandate.

Contact the Firm for an Assessment of Your Case

Dealing with the consequences of a road accident requires expertise and determination. If you have suffered an accident and wish to understand how to fully protect your rights, the assistance of an expert lawyer for compensation for damages is essential to navigate the complex compensation process. Avv. Marco Bianucci offers an initial case assessment to analyze your situation and outline the most effective strategies for obtaining fair compensation. Contact the Bianucci Law Firm in Milan to receive targeted and professional legal support.