Understanding the Right to Compensation

Suffering damages caused by a fire or explosion is a deeply traumatic experience. Beyond the emotional shock, one faces the destruction of personal belongings, property damage, and, in more severe cases, consequences for one's health. In these circumstances, it is crucial to know that the law protects those who have suffered an unjust harm, providing the right to obtain full compensation. Navigating this path requires clarity and expertise to correctly identify responsibilities and precisely quantify each item of damage. As an experienced lawyer in damages compensation in Milan, Avv. Marco Bianucci assists victims of these events to ensure their rights are fully recognized and protected.

The Reference Regulatory Framework

The right to compensation for damages from fire or explosion is based on the core principles of our legal system, primarily Article 2043 of the Civil Code, which establishes liability for wrongful acts. Anyone who, intentionally or negligently, causes unjust harm to others is obliged to compensate for it. Often, however, specific regulations such as Article 2051 of the Civil Code, relating to liability for damages caused by things in custody, also apply. This means that the owner or custodian of a property (e.g., a faulty electrical system or a non-compliant boiler from which the fire originated) is held liable for the resulting damages, unless they can prove force majeure. It is crucial to distinguish between pecuniary damage, which includes both direct economic losses (emergent damage, such as repair costs) and loss of profit (cessant profit, such as loss of rental income), and non-pecuniary damage, which includes damage to health (biological damage) and inner suffering (moral damage).

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is methodical and aimed at maximizing the client's outcome. The strategy is divided into precise and transparent phases. The first step consists of an in-depth analysis of the event's dynamics to unequivocally ascertain responsibilities. Subsequently, the exact quantification of all suffered damages proceeds, utilizing, if necessary, specialized surveyors and technical consultants to assess structural damage, loss of property, and physical or psychological consequences. This phase is crucial for formulating a complete and well-founded compensation claim. The primary objective is to reach a solution out of court, negotiating with insurance companies or responsible parties, but if this is not possible, the Bianucci Law Firm is prepared to take legal action to assert its client's rights in court.

Frequently Asked Questions

Who is responsible for damages from fire or explosion?

Responsibility can fall on various parties depending on the cause of the event. It could be the property owner for failure to maintain (e.g., a system), a tenant due to negligent conduct, a company that performed substandard work, or a third party who caused the ignition. An accurate legal analysis is essential to identify the correct responsible party to direct the compensation claim to.

What types of damages can be compensated?

All damages that are a direct consequence of the fire or explosion can be compensated. These include material damage to the property and its contents (furniture, personal effects), costs for cleanup and debris disposal, temporary accommodation expenses, loss of income (e.g., for an interrupted business activity), and personal injuries, such as physical injuries, intoxications, and psychological trauma.

How is the damage suffered proven and quantified?

Proof of damage is provided through photographic documentation, invoices for destroyed goods, quotes for repairs, and, above all, through a party's technical expert report. An expert surveyor prepares a detailed report that estimates the economic value of material damages. For physical injuries, on the other hand, a medical-legal expert report is required to assess the extent of the injuries and their consequences on the person's life.

How much time do I have to initiate a compensation claim?

The right to compensation for damages arising from a wrongful act generally expires after five years from the day the event occurred. However, it is essential to act promptly to gather all necessary evidence and to interrupt the statute of limitations, thus avoiding the loss of the right to obtain justice. Waiting too long can seriously compromise the outcome of the claim.

Request an Assessment of Your Case

Dealing with the consequences of a fire or explosion requires competent and dedicated legal support. If you have suffered damages in Milan or surrounding areas, contacting an experienced lawyer in damages compensation is the crucial first step to protect your interests and obtain fair restitution for the losses incurred. Avv. Marco Bianucci offers an initial case assessment to analyze your situation, outline the available legal options, and define the most effective strategy. Contact the Bianucci Law Firm to receive qualified legal assistance.