Compensation for Loss of Sporting Chance
When a young athlete, even if not yet a professional, suffers a serious injury due to the negligence of others, the damage goes far beyond immediate physical pain. It often represents the abrupt interruption of a promising path, a shattered dream that carries with it the loss of concrete future opportunities. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the emotional and economic implications of a sporting career cut short in its infancy. Whether the accident occurred due to poor maintenance of a sports facility, a violent and irregular foul during play, or a medical error, Italian law provides specific tools to protect those who have seen their possibility of transforming their talent into a profession vanish.
The Legal Concept of Loss of Chance in Sport
In the context of Italian civil law, claims for compensation for an interrupted sporting career are often based on the legal concept of loss of chance. Compensation is not sought for a result that was not achieved (as no one can guarantee with absolute certainty that the athlete would have become a champion), but rather restitution for the loss of a concrete and appreciable possibility of achieving that beneficial outcome. For an amateur or semi-professional athlete, proving this damage is complex but possible. It is necessary to demonstrate, through objective data such as results, call-ups, interest from higher-level clubs, and technical assessments, that there was a serious and significant probability of professional success. Case law recognizes that depriving an individual of the opportunity to realize their potential through sport, and to achieve the associated future earnings, constitutes an unjust damage that deserves adequate compensation.
The Bianucci Law Firm's Strategy
The approach of Avv. Marco Bianucci, an expert lawyer in civil liability in Milan, is distinguished by a rigorous and multidisciplinary analysis of the case. It is not enough to simply allege the injury; it is crucial to build a solid evidentiary framework that links the injurious event to the loss of career prospects. The Bianucci Law Firm collaborates with trusted forensic medical experts to quantify biological damage and with sports industry experts to assess the athlete's career trajectory before the accident. The defense strategy aims to demonstrate the causal link between the wrongful conduct (e.g., an unmarked pothole on a football field or an intentional foul) and the prejudice suffered. The objective is to obtain full compensation covering both non-pecuniary damage (suffering and the renunciation of the activity) and future pecuniary damage, calculated based on the potential earnings the athlete could reasonably have obtained.
Frequently Asked Questions
Can a non-professional athlete really get compensation for a missed career?
Yes, compensation can be obtained if the loss of chance can be proven. The law protects not only contracted professionals but also emerging talents. However, the burden of proof is rigorous: general talent is not enough; concrete elements are needed to attest to a serious probability of professional success that was thwarted by the injurious event.
Who is responsible if I get injured due to the condition of the playing field?
Responsibility generally falls on the manager of the sports facility or the organizing body, pursuant to Article 2051 of the Civil Code (damage from things in custody). The manager has the obligation to ensure the safety of the equipment and the playing surface. If the injury is caused by negligence in maintenance (e.g., slippery floor, holes, defective equipment), it is possible to seek damages.
How is the amount of compensation for loss of chance calculated?
The quantification is complex and is often carried out by the judge on an equitable basis. Various parameters are taken into account: the athlete's age, the sporting level reached at the time of the injury, career statistics, and the average earnings of professional athletes in the same sector. The involvement of an expert lawyer in damages compensation is crucial for presenting credible calculations and economic projections.
If the injury is caused by an opponent, can I claim damages?
In sports, there is an acceptance of permissible risk, but this does not cover everything. If the opponent's action violates the rules of the game deliberately, violently, or with gross recklessness, exceeding the normal sporting risk, civil liability arises. In such cases, the injured athlete is entitled to claim damages directly from the perpetrator of the foul and, in some cases, from their sports club.
Request a Case Evaluation in Milan
If an injury caused by third parties has interrupted your sporting career, it is essential to act promptly to protect your rights. Contact Avv. Marco Bianucci for a preliminary evaluation of your situation. The firm, located at Via Alberto da Giussano 26 in Milan, will carefully analyze the dynamics of the accident and your career prospects to determine the best compensation strategy.