The Right to Fair Compensation

A spinal cord injury is an event that profoundly and permanently alters the course of life, not only for the person who suffers it but also for their family members. In addition to physical and emotional trauma, the economic consequences can be devastating, including costs for ongoing medical care, specialized assistance, technological aids, and the need to adapt the home and work environment. In this context, obtaining full compensation is not merely an economic matter, but a fundamental step to ensure dignity, autonomy, and the best possible quality of life. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists victims and their families in navigating the complexity of the legal process and ensuring that every aspect of the damage suffered is recognized and adequately compensated.

Categories of Damages in Compensation for Spinal Cord Injury

The quantification of compensation for such a serious injury is an extremely complex process that requires detailed and multidisciplinary analysis. The Italian legal system primarily distinguishes between two macro-categories of damages, both essential for obtaining full redress. It is crucial to understand that compensation must cover not only immediate expenses but also, and above all, the future needs of the injured person, projected over their entire life expectancy.

Pecuniary Damages: Present and Future Costs

This category includes all economic losses, direct and indirect, resulting from the injury. It is divided into emergent damages, which are expenses already incurred (medical, pharmaceutical, rehabilitation expenses), and lost profits, which concern the loss of future earnings. In the case of a spinal cord injury, lost profits are of paramount importance, as they must take into account the reduced or eliminated earning capacity, the loss of career opportunities, and the need for continuous personal assistance, the cost of which projected over the years represents one of the most significant items of compensation.

Non-Pecuniary Damages: Beyond Measurable Expenses

This category compensates for the violation of inviolable personal rights. It includes biological damage, understood as the injury to psycho-physical integrity itself, assessed by a forensic doctor based on specific tables. Added to this are moral damage, which compensates for inner suffering and pain endured, and existential damage, which compensates for the radical upheaval of life habits, the inability to pursue hobbies, social relationships, sports activities, and personal projects. For a spinal cord injury, this component is crucial for recognizing the devastating impact on the victim's daily life.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a strategic and personalized assessment of the case, which goes far beyond the mere application of compensation tables. The priority is to build a future life project for the client, ensuring the necessary resources to support it. This process is based on close collaboration with a team of top-level consultants, including forensic doctors, rehabilitation specialists, architects for the removal of architectural barriers, and accounting experts. The goal is to irrefutably document every single need, present and future, to negotiate and obtain the maximum possible compensation, both out of court and, if necessary, in court.

Frequently Asked Questions

What types of damages are compensated in case of spinal cord injury?

All negative consequences are compensated. Pecuniary damages cover medical expenses, assistance, medications, aids, adaptation of the home and vehicle, and present and future loss of income. Non-pecuniary damages cover physical injury (biological damage), psychological suffering (moral damage), and alteration of quality of life (existential damage).

How long do I have to claim compensation for a spinal cord injury?

The statutes of limitations vary depending on the cause of the injury. For example, for a road accident, the term is generally two years; for medical malpractice, it is ten years. It is crucial to act promptly to avoid losing the right to compensation. Immediate legal advice is essential to define the correct timeframes.

How is compensation calculated for a spinal cord injury?

The calculation is extremely complex and is not based on standard formulas. It requires a forensic medical examination to establish the degree of permanent disability (biological damage). To this base, the personalization of the damage (which takes into account the impact on the victim's specific life) and the detailed calculation of all future necessary expenses, capitalized to their present value, are added. This is why the assistance of professionals with consolidated experience is indispensable.

Is it possible to obtain an advance on compensation during the lawsuit?

Yes, in many cases, it is possible to request a provisional payment, which is an advance on the final compensation, when the other party's liability is clear and the damages have already been partially ascertained. This sum can be crucial to cover the initial, substantial medical and assistance expenses without having to wait for the conclusion of the entire legal process.

Request an Assessment of Your Case

Facing the consequences of a spinal cord injury requires strength, support, and competent legal guidance. The complexity of the matter and the magnitude of the interests involved make the intervention of a professional who knows how to fully protect your rights indispensable. Contacting an expert lawyer in compensation for damages is the first step to ensuring you or your loved ones have the necessary resources for a serene and dignified future. The Bianucci Law Firm, located in Milan at via Alberto da Giussano, 26, offers a free initial confidential assessment to analyze your situation and outline the most effective legal path to take.