Understanding and Claiming Compensation for Lost Profits

Suffering a loss doesn't just mean facing an immediate and tangible loss, such as medical expenses or vehicle repair costs. Often, the most severe and lasting impact is the loss of future economic opportunities, i.e., lost earnings. This form of damage, known as lost profits, represents one of the most complex components of damage compensation, as it requires rigorous proof of what would have been earned had the damaging event never occurred. Understanding how to quantify and prove this loss is the first step towards obtaining fair compensation. As an experienced lawyer specializing in damage compensation in Milan, Avv. Marco Bianucci assists his clients in the delicate phase of reconstructing and claiming this specific patrimonial damage.

The Legal Framework for Lost Profits

The Italian Civil Code, in Article 1223, states that compensation for damages must include both the 'loss suffered' (actual damages) and the 'loss of earnings' (lost profits), provided they are an immediate and direct consequence. While actual damages represent a patrimonial decrease that has already occurred, lost profits are damages projected into the future. It's not about compensating for dreams or mere hopes, but for the loss of concrete profit opportunities whose realization was, according to a criterion of reasonable probability, almost certain. Jurisprudence requires the injured party to provide rigorous proof of the earnings they would have obtained, based on objective and verifiable elements.

The Distinction Between Actual Damages and Lost Profits

To fully understand the nature of lost profits, a practical example is useful. If a sales agent suffers a car accident that damages their car, the cost of repairing the vehicle represents actual damages. However, if, due to the car's unavailability for a month, they cannot visit clients and lose demonstrable commissions, those missed commissions constitute lost profits. The legal challenge lies in proving, without a shadow of a doubt, the causal link between the accident and the loss of that specific income, excluding that it would have been lost for other reasons.

The Bianucci Law Firm's Approach

Quantifying and claiming compensation for lost profits requires meticulous analysis and a precise legal strategy. The approach of Avv. Marco Bianucci, a lawyer experienced in damage compensation in Milan, is based on an in-depth analysis of the client's financial situation before and after the injurious event. The firm collaborates, where necessary, with technical consultants and accountants to develop detailed expert reports that reliably project the lost income. The strategy focuses on gathering irrefutable evidence, such as tax returns, lost contracts, company balance sheets, and market projections, in order to build a solid claim for compensation that is difficult for the opposing party to contest.

Frequently Asked Questions

What documents are needed to prove lost profits?

Documentation is fundamental and varies depending on the case. Generally, previous years' tax returns, invoices and contracts demonstrating turnover, any commercial agreements that fell through due to the damage, expert reports quantifying the lost earnings, and, in case of injuries, medical documentation attesting to the period of work incapacity are indispensable.

How are lost profits calculated for a self-employed worker or a business?

For a self-employed worker, the calculation is typically based on the average net income of recent years, projected for the period of forced inactivity. For a business, the analysis is more complex and may include loss of turnover, reduction in profits, loss of business opportunities, and damage to reputation, always supported by balance sheets, accounting records, and industry analyses.

Is it possible to claim lost profits for the loss of a chance?

Yes, the 'loss of chance' is a specific form of lost profits. It occurs when the tort has deprived the injured party not of certainty, but of a concrete and appreciable possibility of obtaining an economic advantage. To obtain compensation, it is necessary to prove that there was a serious probability and not a mere hope of achieving that positive outcome.

Contact the Lawyer in Milan for an Assessment of Your Case

If you believe you have suffered a loss of earnings due to the wrongful act of another, it is essential to act promptly and methodically. Handling a claim for lost profits requires specific expertise and careful documentary preparation. Avv. Marco Bianucci offers consultation in Milan to analyze your situation, assess the validity of your claim, and define the best strategy to protect your rights. Contact the firm to receive a preliminary assessment of your case and understand the steps necessary to obtain fair compensation.