When professional error causes damage
Receiving a tax assessment notice or a notice of assessment from the Revenue Agency due to an error in the tax return is a frustrating and damaging situation. An incorrect balance sheet that compromises access to credit or negligent tax advice can have significant economic consequences for individuals and companies. When the trust placed in one's accountant is betrayed by negligent conduct, it is natural to feel disoriented and worried about the losses incurred. Understanding that the law provides tools to protect one's rights is the first step in addressing the problem. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci assists clients who have suffered prejudice due to the professional liability of their consultant, defining the most effective strategy to obtain fair compensation.
The Professional Liability of an Accountant: the Regulatory Framework
The relationship between a client and their accountant is based on a contract for intellectual work. According to the Civil Code, the professional is required to perform the assignment with the diligence required by the nature of the activity carried out. This means that general diligence is not sufficient, but specific technical competence and constant updating on tax and accounting regulations are required. An error, omission, or delay that causes economic damage to the client constitutes a breach of contract and, consequently, professional liability. To obtain compensation, three fundamental elements must be proven: the negligent conduct of the professional, the existence of actual damage (such as penalties, interest, or higher taxes paid), and the causal link, i.e., the direct connection between the accountant's error and the economic prejudice suffered.
The Approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is methodical and aimed at concretely protecting the client's interests. Each case is managed through a strategic and transparent process, which begins with an in-depth analysis of the situation and develops until the result is achieved.
Documentary Analysis and Technical Expert Report
The first step consists of a meticulous examination of all available documentation: tax returns, balance sheets, contracts, correspondence, and professional mandates. The objective is to precisely identify the error made by the accountant and gather the necessary evidence to support the claim for compensation. If the complexity of the case requires it, the firm collaborates with technical experts to prepare a report that objectively quantifies the negligence and the resulting damage.
Quantification of Damage and Out-of-Court Request
Once liability is established, the damage is precisely quantified. This includes not only actual damages, i.e., direct economic losses such as penalties and interest paid, but also loss of profit, i.e., lost earnings resulting from the error, such as loss of business opportunities or the inability to access financing. With these elements, a formal request for compensation is sent to the professional and their insurance company, seeking to reach a conciliatory solution out of court to reduce time and costs.
Judicial Action for the Protection of Rights
Should the attempt at an agreement not lead to a satisfactory outcome, the Bianucci Law Firm assists the client in judicial action. The experience gained in professional liability litigation allows for competent management of the proceedings, presenting evidence effectively and solidly arguing the client's case before the judge to obtain a judgment recognizing the full right to compensation.
Frequently Asked Questions
How long do I have to claim compensation from the accountant?
The accountant's liability is contractual in nature. The right to compensation for damages is generally subject to a ten-year statute of limitations. The term begins to run not from the moment the error was committed, but from when the client had effective knowledge of the damage and its attribution to the professional's conduct, for example, from the notification of an act by the tax authority.
What evidence is needed to prove the error?
To act successfully, it is essential to provide concrete evidence. Among the most important documents are the professional mandate contract, the incorrect declarations or balance sheets, the correspondence exchanged (emails, letters), documentation attesting to the payment of penalties and interest, and any other element that can demonstrate negligence and economic damage suffered. An expert report is often a decisive tool.
Is the accountant obliged to have insurance?
Yes, the law requires all registered accountants to take out professional civil liability insurance. This insurance covers damages caused to clients due to errors or omissions committed in the exercise of their activity and represents a fundamental guarantee for the client intending to claim compensation.
Contact Avv. Marco Bianucci for an Assessment of Your Case
If you believe you have suffered damage due to an error by your accountant, it is crucial to act promptly to protect your rights. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, offers an initial consultation to analyze your situation, assess the validity of the claim for compensation, and outline the steps to be taken. Contact the firm to receive legal advice and define the most appropriate strategy to obtain fair compensation for the prejudice suffered.