Loss of a Family Member and the Right to Compensation

Facing the loss of a loved one as a result of a road accident is a devastating experience, leaving an unfillable void and a profound sense of bewilderment. In such a painful moment, legal and bureaucratic issues can seem like an insurmountable obstacle. Understanding one's rights and how to act to obtain fair compensation is a fundamental step in honoring the memory of the deceased and protecting the family's future. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists victims' families with the utmost sensitivity and competence, guiding them through the complex process of recognizing their rights.

The Regulatory Framework for Compensation to Family Members

The Italian legal system recognizes the right of family members of a victim of a fatal accident to obtain compensation for the damages suffered. This compensation is divided into various categories of damages, which must be carefully analyzed and quantified. This is a complex process that requires in-depth knowledge of legislation and case law. The main categories of compensable damages include both non-pecuniary damages, related to inner suffering and the disruption of the relationship, and pecuniary damages, related to the negative economic consequences arising from the death.

Non-Pecuniary Damages: Suffering and Loss of Relationship

Non-pecuniary damages represent the most significant component of compensation and are divided into different types. The most important for relatives is the so-called parental damage, which compensates for the suffering and life upheaval caused by the loss of the relationship with the deceased. To this can be added biological damage and thanatological damage, transmitted to the heirs by the victim. The former concerns the injury to the victim's psychophysical integrity before death, while the latter refers to the damage for the loss of life, the compensability of which is the subject of complex legal debate.

Pecuniary Damages: Economic Consequences

In addition to the pain of loss, the death of a family member can have serious economic consequences. Compensation for pecuniary damages aims to cover these losses. It is distinguished into actual damages, which include direct expenses incurred due to the accident (such as funeral, medical, and legal expenses), and loss of earnings. The latter compensates for the loss of economic contributions that the victim would have provided to the family unit in the future, and its quantification requires an accurate analysis of the deceased's income situation and career prospects.

The Approach of Studio Legale Bianucci

Managing a claim for compensation for a fatal accident requires not only technical expertise but also profound empathy. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on personalized and strategic assistance, aimed at ensuring that every aspect of the damage suffered is recognized and adequately compensated. The firm meticulously reconstructs the dynamics of the accident, gathers all necessary documentation, and negotiates with insurance companies to finalize the settlement. The goal is to relieve families of all bureaucratic burdens, allowing them to focus on processing their grief, with the certainty of being supported by a professional who acts exclusively in their interest.

Frequently Asked Questions

Who is entitled to compensation for a fatal accident?

The closest family members of the victim are entitled to compensation, such as the spouse or civil union partner, children, parents, and siblings. Case law has extended this right to other figures, such as grandparents or grandchildren, provided that the existence of an intense emotional bond and real suffering caused by the loss can be demonstrated. Each situation is assessed individually based on the strength of the relationship.

What are the time limits for claiming damages?

The right to compensation for damages arising from a road accident generally expires two years from the date of the event. However, if the accident constitutes a crime (as in the case of vehicular homicide), the statute of limitations is much longer and coincides with that provided for the crime itself. It is, however, crucial to act promptly to avoid the risk of losing one's right.

How is compensation for the loss of a family member calculated?

There is no exact mathematical formula. For the quantification of parental damage, Italian courts use tables as a reference, particularly the Tables of the Court of Milan, which provide parameters based on criteria such as the age of the victim and the survivor, the degree of kinship, cohabitation, and the intensity of the emotional bond. The calculation of pecuniary damages, on the other hand, is based on objective elements such as the victim's income.

Contact Avv. Marco Bianucci for an Assessment of Your Case

We understand the sensitivity and complexity of your situation. Entrusting yourself to a competent professional is the first step towards obtaining justice and fair compensation. Avv. Marco Bianucci and Studio Legale Bianucci in Milan are at your disposal to provide you with an initial legal opinion and to analyze your case in detail, without any obligation. Contact the firm for a confidential consultation and to understand how an expert lawyer in compensation for damages can assist you in this difficult journey.