Understanding Bullying and the Right to Compensation
Dealing with a school bullying situation is one of the most difficult experiences for a parent and, above all, for the minor who suffers it. The consequences are not only emotional, but can constitute actual damage to psychophysical health, which our legal system recognizes and protects. Understanding that bullying is not a simple “prank,” but an unlawful act that generates the right to compensation, is the first step to protecting your child. As an expert lawyer in damage compensation in Milan, Lawyer Marco Bianucci supports families in this delicate journey, providing the necessary legal assistance to assert the minor's rights and obtain fair compensation for the prejudice suffered.
The Legal Framework: Responsibility of the School and Parents
Italian law identifies precise responsibilities in cases of bullying acts occurring in the school environment. The first entity called to answer is the school institution itself. According to Article 2048 of the Civil Code, teachers and the school are responsible for damage caused by the unlawful act of their pupils during the time they are under their supervision. This is a presumption of responsibility for so-called “culpa in vigilando”, which can only be overcome by demonstrating that all suitable preventive measures were adopted to avoid the harmful event. In parallel, the parents of the bully are also responsible, as they are liable for “culpa in educando”, meaning for not having provided their child with an education adequate to respect rules and others.
Compensable damage is not limited to any physical injuries. Indeed, the most significant prejudice is often of a non-pecuniary nature. This includes biological damage, understood as injury to the minor's psychophysical integrity (documentable through medico-legal reports), moral damage, related to the inner suffering and distress experienced, and existential damage, which manifests itself in the negative alteration of the child's or adolescent's life habits and social relationships, such as refusing to go to school or social isolation.
The Approach of Bianucci Law Firm in Milan
The approach of Lawyer Marco Bianucci, a lawyer with consolidated experience in damage compensation in Milan, is based on a clear and personalized strategy, aimed at prioritizing the minor's well-being. The first step consists of an in-depth analysis of the case, gathering all necessary probative elements: communications with the school, medical certificates, any testimonies, and psychological reports attesting to the minor's distress. The strategy focuses on demonstrating the causal link between the acts of bullying and the damages suffered, precisely quantifying the amount of compensation due.
The Bianucci Law Firm first acts out of court, seeking an agreement with the school institution and its insurance, and with the parents of the responsible party, to obtain compensation quickly. If this path does not lead to a satisfactory result, judicial action is pursued, representing the family's interests with determination and competence at every stage of the proceedings. The goal is always to obtain fair compensation that can contribute to the minor's psychological recovery path and reaffirm their right to a safe and serene school environment.
Frequently Asked Questions
Who is responsible for acts of bullying at school?
Responsibility is twofold. On the one hand, the school institution is responsible for failing to supervise its students during school hours. On the other hand, the parents of the minor who committed the acts of bullying are responsible for not having provided them with an adequate education. Both can be called upon to compensate for the damage.
What types of damages can be claimed for bullying?
Compensation can be requested for all damages, both pecuniary and non-pecuniary. The most relevant are biological damage (injury to psychophysical health), moral damage (inner suffering), and existential damage (deterioration of the minor's quality of life and relationships).
How is the psychological damage suffered by my child proven?
Psychological damage is primarily proven through specialist documentation. Expert reports from a psychologist or child neuropsychiatrist are essential, supported by pediatrician's certificates and, if necessary, by testimonies confirming negative changes in the minor's behavior and habits.
How long do I have to initiate a compensation claim?
The action for compensation for unlawful acts, such as bullying, generally prescribes in five years from the day the act occurred or from the moment the victim perceived the real extent of the damage suffered. However, it is advisable to act promptly so as not to compromise the collection of evidence.
Request an Evaluation of Your Case in Milan
If your child is a victim of school bullying and you wish to understand what legal actions to take for their protection and to obtain fair compensation, it is essential to rely on a professional. Lawyer Marco Bianucci, with his experience as an expert lawyer in damage compensation in Milan, can provide you with clear legal advice and illustrate the most effective strategies to address the situation. Contact the Bianucci Law Firm for a confidential and in-depth evaluation of your case.