Legal Protection for Road Accident Victims in Milan
Being involved in a road accident caused by a drunk driver is a traumatic experience that leaves deep scars, both physical and psychological. In addition to the immediate pain, the victim often finds themselves facing a complex bureaucratic and legal process to have their rights recognized. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci fully understands the state of confusion that follows such events and positions himself as a point of reference for those seeking justice and adequate compensation. The primary goal is to ensure that the victim does not have to worry about legal matters, allowing them to focus exclusively on their recovery, while the firm handles every aspect of the compensation claim.
The Regulatory Framework: Drunk Driving and Road Injuries
Italian legislation is particularly severe towards those who drive under the influence of alcohol or drugs. The Highway Code, in Article 186, provides for heavy penalties that become even stricter when the illegal conduct results in accidents. If the accident causes physical harm to people, it falls within the scope of criminal law with the offenses of road personal injury (Art. 590-bis c.p.) or, in the most tragic cases, vehicular homicide (Art. 589-bis c.p.). For the victim, this means that the process of obtaining compensation often intertwines with the criminal proceedings against the responsible party. The law protects the injured party by allowing them to claim compensation for all damages suffered: from biological damage for physical injuries, to moral damage for inner suffering, up to material damage for medical expenses incurred and lost earnings.
The Approach of Studio Legale Bianucci to Compensation for Damages
The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a meticulous and personalized strategy. In cases of accidents caused by drunk driving, timeliness and precision are fundamental. Studio Legale Bianucci operates through a detailed reconstruction of the accident's dynamics, utilizing technical consultants if necessary to analyze responsibilities. A crucial step in the defense strategy is the evaluation of the constitution of civil party in the criminal proceedings. This legal tool allows the victim to enter the criminal proceedings against the drunk driver to directly request compensation for damages from the criminal judge. Avv. Marco Bianucci guides the client in this choice, assessing whether it is more advantageous to proceed in criminal court or to negotiate separately with the insurance company in civil court, always with the aim of maximizing the outcome for the client and reducing waiting times.
Frequently Asked Questions
How can I get compensation if the driver was drunk?
Compensation can be claimed primarily through two avenues. The first is the direct or ordinary compensation procedure against insurance companies, which cover damages even if the driver was drunk (subject to recourse against the responsible party). The second avenue is the constitution of a civil party in the criminal proceedings against the driver, allowing for damages to be claimed directly during the trial initiated for the offense of drunk driving or road injuries.
What happens if the insurance company refuses to pay because the driver had been drinking?
It is important to know that the mandatory third-party liability insurance is legally obliged to compensate the third-party victim, even if their insured was driving under the influence of alcohol. The company cannot use the defense of drunk driving to deny payment to the victim. Subsequently, the company may exercise its right of recourse against the responsible driver, but this is a relationship that does not concern the victim, who is entitled to full compensation.
Is it always necessary to go to court to be compensated?
Not necessarily. Many claims are successfully settled through an out-of-court phase, i.e., direct negotiation with the responsible party's insurance company. Avv. Marco Bianucci, thanks to his experience as an expert lawyer in compensation for damages, carefully evaluates insurance offers. If the offer is adequate and fully covers the damage suffered, litigation can be avoided. However, if the proposal is not satisfactory, the firm is prepared to proceed with legal action to protect the client's rights.
What types of damages can be compensated in these cases?
The victim of a road accident is entitled to compensation for various types of damages. Material damages cover direct expenses incurred (medical, rehabilitation, vehicle repair) and loss of earnings (lost profits). Non-material damages include biological damage (injury to psychophysical integrity certified by a medical examiner) and moral damage (subjective inner suffering caused by the crime and the trauma of the accident).
Request an Assessment of Your Case in Milan
If you have been the victim of an accident caused by a drunk driver, it is crucial to act with the support of a competent professional to avoid compromising your rights. Avv. Marco Bianucci, an expert lawyer in compensation for damages, is available at his Milan office, located at Via Alberto da Giussano 26, to analyze your specific situation. During an initial consultation, we can evaluate together the best strategy to obtain fair compensation for the damages suffered.