Compensatory Damages: When Accidents Affect Work
Suffering a road accident or an injury not only causes physical and moral harm but often generates immediate and tangible economic consequences, especially for those who are self-employed or have remuneration tied to productivity. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands how the inability to work, even if temporary, can destabilize the financial balance of an individual or a family. The Italian legal system provides for the compensation of so-called compensatory damages, which are divided into direct damages (danno emergente), i.e., out-of-pocket expenses incurred, and lost profits (lucro cessante), which correspond to the lost earnings caused by the interruption of work activity.
Calculation of Lost Profits and Current Legislation
The determination of compensation for loss of income is one of the most delicate phases of the compensation procedure. Unlike biological damage, which follows pre-established tables, lost profits must be rigorously proven by the injured party. For employees, the calculation is usually based on the difference between the salary that would have been received and the sickness benefit paid by INPS or the employer. The situation becomes more complex for freelancers, entrepreneurs, or merchants. In these cases, jurisprudence requires a reconstruction based on income tax returns from the years preceding the accident, evaluating the average earnings and projecting them over the period of forced inactivity. It is essential to demonstrate the direct causal link between the accident and the drop in turnover.
The Approach of the Bianucci Law Firm in Milan
Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, handles cases of income loss with a rigorous analytical and documentary approach. The firm's strategy is not limited to collecting medical documentation but includes an in-depth analysis of the client's accounting and tax situation. The goal is to build an unassailable body of evidence that demonstrates not only the immediate income lost but also potential future losses resulting, for example, from the loss of important clients or the failure to conclude deals during convalescence. Thanks to extensive experience in the field, Avv. Marco Bianucci works to ensure that the insurance company recognizes the real value of the client's work, avoiding lump-sum settlements that often underestimate the actual economic damage.
Frequently Asked Questions
How is compensation calculated for a freelancer?
For freelancers, the calculation of lost profits is based on the analysis of income tax returns from recent years. The average daily income is determined and multiplied by the number of days of temporary disability certified by the medical examiner, subtracting any costs not incurred during the period of inactivity.
Am I entitled to compensation if I am an undeclared worker?
Jurisprudence recognizes the right to compensation even for those who work without a contract, provided that rigorous proof of the activity carried out and the earnings received can be provided. However, proof is very complex and requires testimonies and indirect documentation that demonstrate the continuity and profitability of the work.
What happens if the accident reduces my future earning capacity?
If the consequences of the accident are permanent and affect specific earning capacity, you are entitled to compensation for the loss of specific earning capacity. This damage is calculated by projecting the loss of income over the injured party's entire remaining working life, using specific capitalization coefficients.
What documents should I keep to prove economic damage?
It is crucial to keep all relevant tax documents, such as income tax returns (Modello Unico or 730), VAT registers, invoices issued and received, and any contracts or quotes that attest to work lost due to the injury. Communications with clients who have canceled assignments are also relevant evidence.
Request an Assessment of Your Case
If you have suffered an accident that has compromised your ability to work and your earnings, it is essential to act promptly and precisely. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine your documentation and evaluate the best course of action to obtain fair compensation. Contact the firm to schedule an initial consultation and define the most suitable strategy for your professional situation.