What is Loss of Chance Damage

Suffering the consequences of someone else's mistake is a deeply frustrating experience, especially when that mistake compromises a concrete opportunity for personal, professional, or health improvement. Whether it's a missed job promotion due to an unfair reference, a competition not passed due to an illegitimate exclusion, or, in the most serious cases, the loss of the chance of recovery following a medical error, the feeling of injustice is tangible. In these situations, our legal system recognizes a specific form of compensable damage: the loss of chance. Understanding how to protect your rights is the first step to transforming a missed opportunity into fair compensation. As an expert lawyer in damages compensation in Milan, Lawyer Marco Bianucci assists those who have seen a concrete possibility vanish due to the unlawful conduct of third parties.

The Regulatory Framework for Loss of Chance Compensation

Loss of chance damage does not concern the loss of a certain advantage, but the loss of the concrete possibility of achieving it. Italian jurisprudence has established that to obtain compensation, it is necessary to demonstrate the existence of certain fundamental elements. A mere hope or a generic expectation is not sufficient; the lost opportunity must be real, serious, and present a high probability of success, evaluated according to a 'more probable than not' criterion. Proof of the causal link between the unlawful conduct of a third party and the loss of this possibility is the cornerstone of any legal action. It is essential to demonstrate that, without that error or omission, there would have been a significant and not just theoretical probability of achieving the desired outcome.

Common Types of Loss of Chance

The case law is very broad and touches upon various aspects of daily life. Among the most frequent situations are the loss of chance in the workplace, such as missed hiring or promotion due to unlawful employer conduct, and the loss of chance of recovery or survival in the context of medical liability, where a delayed diagnosis or incorrect treatment reduced the possibilities of a favorable outcome for the patient. In every context, the quantification of damages is a complex process, which does not correspond to the value of the final benefit missed, but to a percentage of it, calculated based on the degree of probability of success that was lost.

The Approach of Bianucci Law Firm

The approach of Lawyer Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The first phase consists of an in-depth evaluation to determine whether the lost possibility was sufficiently concrete to be legally protectable. This involves a meticulous collection of documentary evidence and, if necessary, the involvement of technical consultants (such as forensic doctors or experts in the employment sector) to establish the degree of probability of success that was lost. The strategy of Bianucci Law Firm is aimed at unequivocally demonstrating the causal link and quantifying the damage in a fair and sustainable manner in court, providing the client with clear and strategic assistance throughout the compensation process.

Frequently Asked Questions

When can one claim compensation for loss of chance?

It is possible to claim compensation when it can be demonstrated that an unlawful conduct or a contractual breach by a third party has caused the loss of a concrete and appreciable possibility of obtaining a future advantage. A simple hope is not enough; it is necessary to prove that there was a serious and not merely hypothetical probability of success.

How is loss of chance damage calculated?

The calculation is complex and does not equate to the full value of the hoped-for outcome. Compensation is determined equitably by the judge, who multiplies the value of the final advantage by the probability coefficient that the injured party had of achieving it. For example, if the lost advantage was worth 100 and the probability of obtaining it was 50%, the compensation will be calculated on a basis of 50.

What is the difference between loss of chance and loss of profit?

Loss of profit refers to the loss of a profit that would certainly have been realized if the unlawful act had not occurred. Loss of chance, on the other hand, concerns the loss of the possibility of achieving a favorable outcome that was not certain, but probable. The distinction is crucial: in the first case, a certain lost profit is compensated, in the second, the loss of a possibility.

How long do I have to act for a loss of chance?

Statutory limitation periods vary depending on the nature of the liability. In cases of contractual liability (for example, towards one's employer), the period is generally ten years. If the liability is extra-contractual (arising from an unlawful act of a third party), the period is five years, unless shorter or longer periods are provided for specific cases.

Contact the Firm for an Evaluation of Your Case

Dealing with a loss of chance situation requires legal expertise and a precise legal strategy. If you believe you have lost a significant opportunity due to the error of others, it is essential to act with appropriate support. Lawyer Marco Bianucci and Bianucci Law Firm in Milan are at your disposal to analyze your situation, evaluate the merits of your claims, and assist you in the process of obtaining fair compensation. Contact the firm to schedule an initial consultation and receive qualified legal advice.