What is Existential Damage and When is Compensation Due

A traumatic event, an accident, or the wrongful conduct of another party can have consequences that go beyond physical or economic harm. They can profoundly alter your daily life, forcing you to give up activities that once defined your identity and well-being: passions, social relationships, sports, travel. When the quality of your life is concretely and negatively disrupted, we speak of existential damage. Understanding this prejudice and knowing how to protect yourself is the first step to obtaining fair compensation. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists those who have suffered an injury to their right to personal fulfillment, providing clear guidance through a complex legal process.

The Regulatory Framework: Existential Damage as Non-Pecuniary Damage

Existential damage falls within the broader category of non-pecuniary damage, regulated by Article 2059 of the Civil Code. Unlike biological damage (injury to psycho-physical integrity) and moral damage (inner suffering), existential damage manifests as a tangible worsening of the quality of life, a 'no longer being able to do' that has concrete repercussions on your habits. Jurisprudence has consolidated the principle that this damage is not implicit in the harmful event but must be specifically proven. It is not enough to complain of general discomfort; it is necessary to demonstrate which specific life-fulfilling activities have been compromised or abandoned due to the wrongful act.

Proof of Damage: How to Demonstrate the Prejudice Suffered

The main challenge in claiming compensation for existential damage lies in proving it. Since it is a prejudice that affects the personal and relational sphere, proof cannot be based on mere assertions. It is essential to build a solid evidentiary framework that can include various elements. Testimonies from family, friends, or colleagues who can confirm the change in your life habits are fundamental. Documentary evidence such as photographs, enrollment in courses or interrupted sports activities, diaries, or agendas attesting to how your life was before the harmful event can also be useful. Proof can also be provided by presumption, i.e., through logical reasoning that, starting from known and certain facts, allows the judge to consider the damage suffered as proven.

The Approach of the Bianucci Law Firm in Milan

The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a meticulous and personalized analysis of each individual case. The strategy is not limited to quantifying the damage but begins with a detailed reconstruction of your life before and after the harmful event. The firm is committed to collecting and organizing all necessary evidence to unequivocally demonstrate the prejudice to your existential sphere. This process includes identifying the most reliable witnesses and selecting the most effective documentation to represent the negative change in your daily life. The goal is to present the judge with a clear and complete picture that justifies a fair assessment of the damage, ensuring that your right to a serene and fulfilling life is fully recognized.

Frequently Asked Questions

What is the difference between biological damage and existential damage?

Biological damage represents an injury to the psycho-physical integrity of a person, ascertainable through a medico-legal evaluation that expresses the damage in percentage points of disability. Existential damage, on the other hand, is the consequence of this injury (or another wrongful act) on your daily and relational life; it does not concern health itself, but the concrete worsening of the quality of life and the forced renunciation of personal activities.

How is compensation for existential damage calculated?

There are no rigid mathematical tables for quantifying existential damage. Its assessment is carried out according to an 'equitable' criterion, left to the judge's evaluation. However, courts, particularly the Court of Milan, have developed indicative tables that, taking into account the severity of the prejudice, the age of the injured party, and other circumstances of the specific case, provide a parameter to ensure a valuation that is as uniform and predictable as possible.

Can existential damage occur due to work stress?

Yes, existential damage can also arise from oppressive working conditions or excessive stress (so-called 'work-related stress damage' or 'burnout'). If the employer, through their conduct, infringes upon your personal sphere to the point of forcing you to sacrifice time for family, passions, and social relationships, it is possible to establish compensable existential damage, provided rigorous proof of the causal link between the employer's conduct and the worsening of your quality of life is provided.

How long do I have to claim compensation for existential damage?

The statute of limitations for claiming compensation varies depending on the nature of the wrongful act. Generally, if the damage arises from a wrongful act (extracontractual liability), the term is five years. If the act also constitutes a crime, the longer statute of limitations for that crime applies. It is crucial to act promptly to avoid losing the right to compensation.

Contact Avv. Marco Bianucci for an Assessment of Your Case

Facing the consequences of an event that has turned your life upside down requires clarity, strategy, and competent legal support. If you believe you have suffered existential damage, the first step is to understand the real scope of your rights. The Bianucci Law Firm in Milan offers targeted consultation to analyze your situation, assess the existence of damage, and the strength of the evidence available to you. Contact Avv. Marco Bianucci to receive professional advice and define the most appropriate legal path to protect your quality of life.