The loss of a family member and the quest for justice

Facing the loss of a loved one due to a road accident or other traumatic event is a devastating experience. To the grief are often added the complexity and urgency of understanding one's rights and legal procedures to obtain justice. In these moments, it is essential to be able to count on legal support that combines technical expertise with deep human sensitivity. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci supports the victims' families in navigating the complex compensation process, ensuring that their rights are fully recognized and protected before insurance companies and in court.

The regulatory framework for family compensation

When an unlawful act causes the death of a person, Italian law recognizes the right of their family members to obtain compensation for the damages suffered. This right does not only concern economic losses, but also and above all the suffering resulting from the breaking of the emotional bond. The categories of compensable damage are numerous and require an in-depth analysis. A distinction is primarily made between non-pecuniary damage, which includes the pain of loss (moral damage) and the disruption of family life (damage from loss of parental relationship), and pecuniary damage, which covers direct and future economic losses, such as funeral expenses (emergent damage) and the loss of economic support that the deceased provided to the family (loss of earnings).

The different types of non-pecuniary damage

The quantification of non-pecuniary damage is one of the most delicate aspects. Case law has developed various categories to define the suffering of relatives. The damage from loss of parental relationship represents the core of compensation for family members and is liquidated taking into account factors such as the age of the victim and the survivor, the degree of kinship, cohabitation if any, and the intensity of the emotional bond. Other items can be added to this, such as the so-called 'catastrophic damage', which compensates for the suffering endured by the victim conscious of their imminent end, a right that can be transmitted to heirs.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on case management that integrates technical analysis and deep human understanding. The strategy begins with a meticulous reconstruction of the accident dynamics and the collection of all necessary evidence to establish responsibilities. Subsequently, a precise quantification of all damage categories, both pecuniary and non-pecuniary, is carried out, utilizing medical and technical consultants if necessary. The objective is always to achieve fair compensation through constructive dialogue with insurance companies, but without hesitation to take legal action if the proposals are not adequate to fully compensate the damage suffered by the family members.

Frequently Asked Questions

Who is entitled to compensation for damages in a fatal accident?

The victim's closest family members are entitled to compensation, such as the spouse or cohabiting partner, children, parents, and siblings. Case law has extended this right also to other relatives (such as grandparents and grandchildren) and, in specific cases, to anyone who can demonstrate a deep and stable emotional bond with the deceased person, even in the absence of a formal kinship tie.

How is compensation calculated for the loss of a family member?

There is no exact mathematical formula. For the liquidation of damage from loss of parental relationship, Italian courts use tables as a reference, the most common being those of the Court of Milan and Rome. These tables provide monetary values that vary based on objective and subjective criteria, such as the age of the victim and the family member, the degree of kinship, cohabitation, and the composition of the family unit. A precise evaluation requires a case-by-case analysis.

What are the timeframes for obtaining compensation for a fatal accident?

Timeframes can vary considerably. In some cases, it is possible to reach an out-of-court settlement with the insurance company within a few months. If, however, it is necessary to initiate a civil lawsuit, the timeframes lengthen and can last several years. It is important to act promptly, as the right to compensation for damages prescribes, depending on the case, in two or five years from the date of the event.

Is it necessary to initiate a criminal case to obtain compensation?

It is not strictly necessary. The action for damages compensation is a civil action and can be undertaken independently of the existence of criminal proceedings for offenses such as road homicide. However, constituting oneself as a civil party in criminal proceedings can be a strategic advantage to ascertain responsibilities and obtain an initial assessment of the damage in that forum.

Request an evaluation of your case in Milan

Understanding how to proceed after such a tragic event is the first step to protect one's rights and honor the memory of a loved one. Lawyer Marco Bianucci offers an initial consultation to analyze the specific situation, illustrate the available legal options, and define the most appropriate strategy. Contacting an expert lawyer in damages compensation is essential to ensure that the suffering of family members receives proper legal and economic recognition. You can contact the Bianucci Law Firm to receive comprehensive and personalized legal assistance in Milan.