Legal Protection After a Serious Road Accident
Suffering a road accident that involves bone fractures or requires surgery is a traumatic event that profoundly impacts the victim's quality of life. In addition to physical pain and emotional shock, one often has to face a long rehabilitation process and manage complex bureaucratic issues with insurance companies. As an expert lawyer in damages compensation in Milan, I fully understand that the priority in these moments must be the recovery of health. However, it is essential to be aware that the correct quantification of the damage suffered requires in-depth technical analysis, as the consequences of a fracture can extend far beyond the immediate recovery period.
Biological Damage and Long-Term Consequences
In the Italian legal system, compensation for physical injuries is primarily based on the concept of biological damage, understood as damage to a person's psycho-physical integrity, ascertainable by medical-legal examination. When talking about fractures, especially if they required surgery (such as the insertion of plates, screws, or prostheses), the damage is not limited to days of temporary disability. Permanent sequelae often remain that can limit the functionality of the limb or cause chronic pain. It is essential to assess not only the current damage but also future damage, including the possible need for further operations or ongoing rehabilitation therapies. Case law, and in particular the application of the Milan Court's Tables (a national benchmark), provides that each point of disability is compensated based on the age of the injured party and the severity of the injury.
Studio Legale Bianucci's Approach to Claim Management
Lawyer Marco Bianucci, operating as an expert lawyer in road accidents in Milan, adopts a working method that places the accuracy of the medical-legal investigation at its core. It is not enough to present a medical record to the insurance company; a solid evidentiary dossier must be built. Studio Legale Bianucci collaborates with trusted medical-legal experts to prepare expert reports that precisely highlight the extent of the injuries, the reasonableness of the medical expenses incurred, and, above all, the impact of the sequelae on the client's daily and working life (damage to specific earning capacity). The goal is to ensure that the insurance company's compensation offer is truly commensurate with the prejudice suffered, avoiding hasty settlements that do not take into account the complexity of the post-operative clinical picture.
Frequently Asked Questions
How is compensation for a fracture calculated?
The calculation of compensation is a complex operation that begins with the assessment of the medical-legal expert. This expert establishes two fundamental parameters: temporary disability (the days required for clinical recovery) and permanent disability (the percentage of reduction in physical integrity that remains for life). These data are then converted into monetary value using the Court's tables, weighted according to the age of the injured party. In addition, there is reimbursement for documented medical expenses and any moral damages.
Does the insurance also cover the costs of private rehabilitation?
Yes, medical expenses incurred for rehabilitation, physiotherapy, and diagnostic tests are reimbursable, provided they are prescribed by a doctor and deemed reasonable and necessary for functional recovery. It is essential to keep all prescriptions, invoices, and tax receipts. Lawyer Marco Bianucci carefully verifies that every expense is correctly justified to obtain full reimbursement.
What happens if I need another surgery in the future?
If the medical-legal expert report ascertains the probability or necessity of future surgeries (e.g., for the removal of internal fixation devices such as plates or screws, or for the replacement of prostheses), the compensation must also take into account these prospective costs and the related further convalescence period. It is crucial that this aspect is highlighted before closing negotiations with the insurance company, as once the release receipt is signed, no further claims can be made.
How long do I have to claim compensation?
The right to compensation for damages arising from the circulation of vehicles is subject to a statute of limitations of two years from the event. However, if the act constitutes a crime (as in the case of serious or very serious road personal injuries), the statute of limitations may be longer. Nevertheless, it is advisable to act immediately to gather evidence and send the formal compensation claim through an expert lawyer to interrupt the time limits and properly initiate the process.
Request a Case Evaluation
If you or a family member has suffered fractures or undergone surgery as a result of an accident, it is essential not to face the bureaucratic and medical-legal complexities alone. Lawyer Marco Bianucci is available at his Milan office, located at Via Alberto da Giussano 26, to examine your documentation and define the most effective strategy to protect your rights. Professional case management is crucial to obtain fair recognition of the damage suffered.