Legal Assistance for Relatives of Victims of Fatal Incidents

Facing the sudden loss of a family member due to another's wrongful act, such as a fatal road accident or medical malpractice, is a devastating experience that upends one's life. In a time of such profound grief, bureaucratic tasks and the need to deal with insurance companies can seem insurmountable. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the sensitivity of these situations and offers legal support that combines technical expertise with human empathy, essential for protecting the rights of survivors.

The goal of the Bianucci Law Firm is not just to manage a legal case, but to relieve family members of all management burdens, allowing them to grieve while a professional handles the ascertainment of responsibilities and the correct quantification of the damages suffered.

Damage for Loss of Parental Relationship: The Legal Framework

Compensation for parental damage (or damage from the death of a relative) aims to redress the inner suffering and disruption of life habits caused by the loss of a loved one. Italian law and jurisprudence recognize the right of close relatives (spouse, children, parents, siblings, and in certain cases, cohabiting partners and grandparents) to seek compensation for both pecuniary and non-pecuniary damages.

In Milan, and throughout the national territory, the primary reference point for quantifying this damage is the Milan Court Schedules. These schedules provide monetary parameters (minimum and maximum ranges) based on the degree of kinship, the age of the victim and the survivor, and cohabitation. However, the application of these schedules is not a mathematical automatism: accurate evidence work is necessary to demonstrate the intensity of the emotional bond and obtain recognition of the maximum value applicable to the specific case.

The Bianucci Law Firm's Approach to Damages Compensation

Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, adopts a rigorous strategy to ensure that every aspect of the loss is adequately valued. Insurance companies often tend to offer settlements based on the minimum tabular rates, ignoring the specifics of family suffering. The firm's approach is based on three pillars:

Firstly, the responsibility for the wrongful act is analyzed, using technical consultants if necessary for reconstructing the dynamics (e.g., in the case of a road accident). Subsequently, work is done on the personalization of the damage: through testimonies and documentation, the quality of the relationship that bound the survivor to the victim is demonstrated, a crucial element for increasing the amount of compensation.

Finally, the Bianucci Law Firm firmly manages negotiations with the opposing insurance company, considering legal action only if the out-of-court offer is not deemed adequate with respect to the parameters of substantial justice and the suffering endured by the clients.

Frequently Asked Questions

Who is entitled to claim compensation for the death of a family member?

Close relatives are entitled to compensation: spouse (or cohabiting partner), children, parents, and siblings. Based on the proven intensity of the emotional bond, jurisprudence sometimes extends this right to grandparents or grandchildren, even if not cohabiting, provided that a stable and significant relationship is demonstrated.

How is the amount of damages compensation calculated?

The calculation is primarily based on the Milan Court Schedules, which provide a range of values between a minimum and a maximum. The final amount depends on variables such as the age of the victim and the survivor, the degree of kinship, cohabitation, and, above all, proof of the quality of the emotional bond that has been irrevocably broken.

How long does it take to obtain compensation?

The timelines vary considerably depending on the complexity of the case and the insurance company's willingness to settle the matter out of court. If a settlement agreement is reached, the timeframe can be a few months; if it is necessary to initiate civil proceedings to obtain fair recognition, the times lengthen according to the court's schedules.

What happens if there is contributory negligence by the victim?

If contributory negligence by the victim is established (for example, in a road accident), the compensation due to family members is reduced proportionally to the percentage of responsibility attributed to the deceased. Avv. Marco Bianucci works carefully to contest unfounded attributions of responsibility that could unfairly reduce compensation.

Request a Case Evaluation

If you have lost a family member due to a wrongful act, it is crucial to act promptly and competently to protect your rights. The Bianucci Law Firm is at your disposal to analyze the dynamics of the event and provide you with a clear picture of the compensation possibilities.

Contact Avv. Marco Bianucci to schedule a consultation at the firm's office in Milan, at Via Alberto da Giussano, 26. During the meeting, the most appropriate strategy to obtain justice and fair redress for the loss suffered will be assessed.