Obtaining Fair Compensation

Suffering an injury while traveling on a bus, tram, or another form of public transport is an experience that combines physical harm with a deep sense of frustration. In these moments, it is essential to be aware that the law specifically protects the passenger's rights. Understanding the mechanisms for obtaining fair compensation is the first step to having your reasons recognized. As an experienced personal injury lawyer in Milan, Attorney Marco Bianucci assists people who have suffered injuries as a result of public transport accidents, providing targeted legal support to obtain fair compensation for the damages suffered.

The Responsibility of the Public Transport Company

Italian law, in particular Article 1681 of the Civil Code, establishes a principle of presumed liability on the part of the transport company (the so-called carrier). This means that the company is considered responsible for damages suffered by the passenger during the journey, unless it can demonstrate that it adopted all suitable measures to avoid the damage. For the injured passenger, the burden of proof is significantly simplified: it is sufficient to demonstrate the existence of the transport contract (usually via the ticket or subscription) and the causal link between the incident that occurred during the journey and the physical damage suffered, documented by medical reports.

It will therefore be up to the transport company to prove that the incident was caused by an unforeseeable and unavoidable event (the so-called 'fortuitous event'), by an act attributable to a third party, or by the passenger's own imprudent conduct. This inversion of the burden of proof represents fundamental protection for those who suffer an injury, but its practical application requires careful analysis and correct structuring of the compensation claim from the initial stages.

The Approach of Bianucci Law Firm

The approach of Attorney Marco Bianucci, an expert personal injury lawyer in Milan, is methodical and aimed at fully protecting the passenger's rights. Each case is managed through a strategic process that begins with an in-depth analysis of the accident dynamics and medical documentation. The initial phase is crucial for gathering all necessary evidence, such as testimonies, reports from intervening authorities, and, above all, a medico-legal evaluation to precisely quantify the extent of biological damage (injury to psychophysical integrity) and any other compensable damage item, such as moral damage and medical expenses incurred.

Once the extent of compensation is defined, the firm initiates dialogue with the transport company's insurance company, managing the out-of-court negotiation phase with the aim of reaching a fair agreement within a reasonable timeframe. Should the compensation offer not be adequate or in case of disputes regarding liability, Attorney Marco Bianucci assists the client in the legal action necessary to obtain full recognition of their rights in court.

Frequently Asked Questions

What should I do immediately after an accident on public transport?

It is crucial to act promptly. If possible, immediately notify the driver, identify yourself, and collect the details of any witnesses. Go to the nearest emergency room to have your injuries documented, even if they seem minor. Carefully keep your travel ticket, which constitutes proof of the transport contract, and all subsequent medical documentation.

How long do I have to claim compensation for an injury on a bus?

The right to compensation for damages resulting from a road accident, including those on public transport, generally expires two years from the day the accident occurred. However, there are exceptions and circumstances that can alter these terms. For this reason, it is advisable to consult a lawyer as soon as possible to avoid risking the loss of your right.

What damages can be compensated in case of a fall on a tram?

Compensation aims to cover all prejudices suffered. It is primarily distinguished between non-pecuniary damage, which includes biological damage (physical and psychological injury), moral damage (inner suffering), and existential damage (deterioration of quality of life), and pecuniary damage, which includes medical expenses incurred and loss of earnings due to inability to work (damage from loss of earning capacity).

Contact Attorney Marco Bianucci for a Case Evaluation

If you have suffered an injury while traveling on public transport in Milan, it is essential to know and assert your rights. Facing complex compensation procedures alone can be difficult and may lead to receiving a settlement lower than what is due. The assistance of an experienced personal injury lawyer ensures professional and strategic management of your claim. Contact Bianucci Law Firm for a clear and in-depth evaluation of your situation and to define the best path to obtain fair compensation.