In the business world, seeing an important economic opportunity slip away due to the illicit behavior of third parties represents not only a frustration but a concrete financial loss that deserves protection. Whether it's a breach of contract, an act of unfair competition, or an unjustified delay that prevented the conclusion of a deal, Italian law provides specific remedies for the compensation of damages suffered. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci deeply understands business dynamics and the impact such events can have on a company's balance sheet and growth.

Loss of Chance in Italian Law

Loss of chance should not be confused with a mere expectation or an unfulfilled hope of profit. Legally, it represents the loss of a concrete and existing possibility of obtaining a specific economic advantage or avoiding a loss. For it to be compensable, the chance must have an appreciable substance and not be merely hypothetical. Case law often distinguishes between damages for loss of profit (lucro cessante), which concerns the profit that would certainly have been earned, and loss of chance, which compensates for the lost probability of achieving that beneficial outcome. To obtain compensation, it is necessary to demonstrate the causal link between the opposing party's illicit conduct and the definitive loss of the possibility of financial growth.

The Bianucci Law Firm's Approach

Handling a case for loss of chance requires a rigorous and analytical evidentiary strategy. The approach of lawyer Marco Bianucci, an expert in damages compensation, focuses on the meticulous reconstruction of the hypothetical scenario: what would have happened if the illicit act had not occurred. The Bianucci Law Firm works to transform probabilities into legal evidence, utilizing, when necessary, technical consultations to quantify the economic prejudice suffered by the company. The goal is not only to demonstrate the existence of the damage but to calculate its exact amount based on solid and documentable prognostic criteria, to ensure the client the maximum possible compensation.

Frequently Asked Questions

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

The difference lies in the degree of certainty of the missed outcome. Loss of profit refers to a profit that the company would have reasonably certainly obtained if the illicit act had not occurred. Loss of chance, on the other hand, concerns the deprivation of the possibility of achieving that outcome; in this case, compensation is calculated equitably, based on the percentage of probability of success that was thwarted.

How is loss of chance proven in court?

The burden of proof lies with the injured party, who must demonstrate that the lost chance was not a mere illusion but a concrete possibility. It is not necessary to prove that the beneficial outcome would have occurred 100%, but factual elements must be provided that attest to an appreciable and serious probability of success, compromised solely by the opposing party's illicit conduct.

Is it possible to claim compensation for the loss of a contract?

Yes, if a company is illegitimately excluded from a tender or if improper conduct prevents participation, it is possible to seek compensation. In these cases, the analysis focuses on the probability that the company had of winning the contract, evaluating the technical and economic requirements possessed compared to competitors.

How much time do I have to claim damages?

The statute of limitations varies depending on the nature of the liability. If the loss of chance arises from a breach of contract, the term is generally ten years. If, however, it arises from an extra-contractual tort (such as unfair competition), the term is five years from the date the damage manifested and became known.

Request a Case Evaluation

If your company has suffered economic damage due to the misconduct of others, it is crucial to act promptly to preserve evidence and assess the extent of the prejudice. Lawyer Marco Bianucci, thanks to his consolidated experience as an expert in damages compensation in Milan, is available to analyze your specific situation. The firm, located at via Alberto da Giussano 26, offers targeted advice to protect your company's assets and growth prospects.