Severe Injuries and Catastrophic Damage

Suffering an accident or traumatic event that causes severe injuries, technically defined as macro-injuries, is a life-altering experience for the victim and their family. In these circumstances, the path to obtaining adequate compensation is complex and requires a deep understanding of legal and medico-legal dynamics. Understanding the nature of the damage, its components, and the criteria for correct quantification is the first fundamental step in protecting one's rights. As an expert lawyer in damage compensation in Milan, Avv. Marco Bianucci assists victims and their families in navigating this difficult process, ensuring that every aspect of the harm suffered is recognized and compensated.

Quantification of Personal Injury

When speaking of compensation for severe injuries, the Italian legal system primarily distinguishes between two macro-categories of damage: pecuniary damage and non-pecuniary damage. Pecuniary damage concerns direct and future economic losses, such as medical expenses incurred and to be incurred, costs for continuous assistance, and loss of earning capacity. Non-pecuniary damage, on the other hand, is the violation of interests protected by the Constitution, such as the right to health. The latter is divided into several categories, including biological damage (injury to psycho-physical integrity), moral damage (inner suffering), and existential damage (worsening of quality of life). To quantify these sufferings economically, Italian courts refer to the so-called 'Milan Tables,' considered the national benchmark for their ability to provide fair and uniform compensation.

Catastrophic Damage: Recognizing Terminal Suffering

A particular category of non-pecuniary damage is so-called catastrophic damage. This is moral damage of the highest intensity recognized to the victim of severe injuries when, while remaining lucid, they are aware of their imminent death. It is the suffering that derives from the 'awareness of impending death.' Case law has established that this type of prejudice deserves independent compensation, distinct from biological damage, precisely because of its devastating nature and the unique suffering it represents. Its correct identification and claim require careful and sensitive analysis of the specific case.

The Approach of the Bianucci Law Firm

Obtaining fair compensation for macro-injuries or catastrophic damage is not an automatic process. It requires a precise strategy, based on solid medico-legal documentation and a deep understanding of regulations. The approach of Avv. Marco Bianucci, an expert lawyer in damage compensation in Milan, is based on the meticulous quantification of each individual item of damage. The firm collaborates with a network of forensic doctors and specialists to accurately ascertain the extent of biological damage and to document all future needs of the victim. The goal is not only to obtain what is provided by the tables but to personalize the claim to include every aspect of the person's life that has been compromised, ensuring compensation that is truly commensurate with the severity of the harm suffered.

Frequently Asked Questions

What exactly are macro-injuries?

In the medico-legal field, macro-injuries are injuries to psycho-physical integrity that result in permanent disability assessed between 10 and 100 percentage points. These are significant damages that have a permanent and profound impact on the person's daily, relational, and professional life.

How are the Milan Tables used in calculating compensation?

The Milan Court Tables provide a point system to translate the percentage of permanent disability (biological damage) into a monetary value. The calculation takes into account the percentage of disability and the victim's age at the time of the accident. To this base amount, the judge can apply an upward 'personalization' to account for specific subjective suffering (moral damage) and repercussions on social life (existential damage).

Does compensation for catastrophic damage go to the heirs?

Yes. The right to compensation for catastrophic damage arises in the victim at the moment they perceive death approaching. If the victim dies, this right, which has already become part of their estate, is transmitted to the heirs, who can therefore act to obtain its recognition and liquidation.

What costs are included in future pecuniary damage?

Future pecuniary damage includes all expenses that the victim will reasonably have to incur for the rest of their life due to the injuries. This may include costs for medications, rehabilitation therapies, specialized home care, adaptation of housing and vehicles, and loss of future earnings due to the inability to continue working.

Request a Case Evaluation in Milan

Facing the consequences of severe injuries requires not only strength of spirit but also the support of competent professionals. The complexity in quantifying damages and the dynamics with insurance companies make targeted legal assistance indispensable. If you or a family member has suffered serious damage, it is essential to rely on an expert lawyer in damage compensation for a comprehensive and strategic case evaluation. Contact the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan to analyze your situation and define the most effective path for the protection of your rights.