Inner suffering, anxiety, and emotional distress following a traumatic event are invisible wounds, but no less real for it. When another's wrongdoing causes deep pain, Italian law provides a tool to recognize and compensate for it: compensation for moral damages. Understanding how to obtain this recognition is the first step towards protecting one's rights and asserting one's dignity. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci handles these situations with the utmost competence and sensitivity, aware that behind every case there is a personal story that deserves to be heard and protected.
Moral damage is a component of the broader 'non-pecuniary damage', governed by Article 2059 of the Civil Code. It is defined as transient subjective suffering, i.e., the inner torment, pain, and affliction that a person experiences as a consequence of an unlawful act. Unlike biological damage, which concerns injury to psychophysical integrity, moral damage pertains purely to the emotional and psychological sphere of the person. Jurisprudence has clarified that compensation is due not in every case, but only when the unlawful act infringes upon inviolable rights of the person guaranteed by the Constitution, such as the right to health, honor, or family relationships.
It is crucial not to confuse moral damage with other forms of non-pecuniary damage. Biological damage is the injury to the psychophysical integrity of the person, subject to medico-legal assessment. Existential damage, on the other hand, represents the worsening of the quality of life, the forced renunciation of activities and relationships that fulfilled the person (such as hobbies, sports, social life). Moral damage is the intimate suffering that arises from these or other injuries. Often, these three components coexist and must be carefully evaluated for a complete quantification of compensation.
Obtaining fair compensation for moral damage requires a precise legal strategy and careful evidence gathering. The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a rigorous and personalized analysis of the case. The process is divided into clear phases: an initial in-depth interview to understand the nature and extent of the suffering endured, followed by the collection of all evidentiary documentation, such as medical certificates, psychological reports, and testimonies. The next phase is the correct quantification of damages, which is done using as a reference the tables drawn up by the main Italian courts, such as those of the Court of Milan, but personalizing the claim based on the specificities of the concrete case. The goal is always to pursue the most effective route for the client, prioritizing, where possible, an out-of-court settlement and then proceeding with legal action when necessary.
Moral damage is the inner suffering, pain, and emotional distress caused by an unlawful act. It is compensable when the unlawful act violates fundamental rights of the person protected by the Constitution, such as the right to health, family integrity, or reputation. Not every discomfort is compensable, but only suffering that exceeds a threshold of tolerability.
The quantification of moral damage does not follow exact mathematical formulas, but is based on a criterion of equity. Judges use reference tables, such as the well-known 'Milan Tables', which provide standardized monetary values based on the severity of the injury. However, the final amount is always personalized by the judge, taking into account all the specific circumstances of the case, such as the victim's age, and the duration and intensity of the suffering.
Proof of moral damage can be complex, as it concerns inner suffering. Direct evidence, such as medical documentation or psychological reports attesting to the state of suffering, can be used. Very often, however, proof is established through presumptions: starting from a known fact (e.g., the severity of a physical injury or the loss of a family member), the existence of consequent inner suffering is presumed, the extent of which must be argued and supported.
The right to compensation for damages is subject to a statute of limitations. The time limits vary depending on the nature of the unlawful act. Generally, for a tort (such as a road accident), the term is 5 years from the date the event occurred. If the act constitutes a crime, the longer prescription periods provided for that crime apply. It is crucial to act promptly to avoid losing one's right.
If you believe you have suffered moral damage and wish to understand your rights, it is essential to rely on a professional who can analyze your situation with competence and sensitivity. An expert lawyer in damages compensation can provide you with a clear opinion on the prerequisites for legal action and the most appropriate strategy. Contact the Bianucci Law Firm to schedule an initial consultation in Milan and receive an in-depth assessment of your case.