Legal Protection for Asbestos Victims and Their Families
Facing a diagnosis of pleural mesothelioma is a moment of profound distress for the patient and their family. This pathology, closely linked to asbestos fiber exposure, often manifests decades after risky work activities, striking unexpectedly and devastatingly. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands not only the legal complexities of these situations but also the heavy emotional burden they entail. The primary goal is to ensure justice is served, transforming suffering into tangible recognition of others' responsibilities, often attributable to employers who failed to adopt necessary safety measures.
The Regulatory Framework: Beyond INAIL Compensation
In Italy, legislation provides specific protections for asbestos-related occupational diseases. It is crucial to understand that the compensation provided by INAIL, while an automatic right upon recognition of an occupational disease, does not cover the entirety of the damages suffered by the victim and their family. Italian law allows for civil action against the employer to obtain so-called differential damages. This legal concept represents the difference between the lump-sum compensation paid by the social security institution and the full civil damages award, which includes categories of biological, moral, and existential damages not covered by INAIL. Heirs have the right to act on two fronts: iure hereditatis, for damages suffered by the victim between diagnosis and death (terminal and catastrophic biological damage), and iure proprio, for the pain and life disruption experienced by the family members themselves due to the loss of their loved one.
Bianucci Law Firm's Approach to Asbestos Compensation
The approach of Avv. Marco Bianucci, a lawyer with extensive experience in civil liability and damages compensation in Milan, is distinguished by a rigorous and analytical strategy. Every mesothelioma case requires a meticulous historical reconstruction of the victim's work career, often going back thirty or forty years. The firm relies on trusted technical consultants and forensic doctors to establish the causal link between asbestos exposure and the pathology, an essential element for the success of legal action. We do not merely handle bureaucratic procedures; we build a solid body of evidence to demonstrate the employer's fault in failing to provide protective equipment. Avv. Marco Bianucci's objective is to obtain the maximum possible compensation for the heirs, carefully assessing each individual damage item, including prejudice to family serenity and inner suffering, ensuring assistance that combines technical expertise with human sensitivity.
Frequently Asked Questions
Can heirs claim compensation even if the victim has already passed away?
Absolutely yes. Heirs have the right to step into the victim's shoes to claim compensation for damages that their relative incurred during their lifetime due to the illness (temporary biological damage, moral damage, catastrophic damage). Furthermore, they can claim compensation for damages they themselves have directly suffered due to the loss of their family member, such as loss of familial relationship damages.
Does INAIL compensation preclude the possibility of suing the company?
No, receiving an INAIL pension or compensation does not prevent civil action against the employer. Civil action serves precisely to obtain compensation for all those damage categories that INAIL does not cover or only partially covers. Avv. Marco Bianucci works to obtain an increase in compensation to reach full restitution for the damages suffered.
How long do we have to claim damages?
Statute of limitations is a delicate matter and depends on the nature of the action (contractual or non-contractual) and the point at which full awareness of the illness and its professional origin was gained. Generally, for civil action against the employer, the term is ten years, which runs from the time the illness manifested or from the death. However, it is crucial to consult an expert lawyer in damages compensation promptly to avoid forfeiture.
How is asbestos exposure proven after so many years?
Proof of exposure is the core of the process. Employment records, testimonies from former colleagues, company documentation from the period, and technical expert reports on the type of work performed are used. Bianucci Law Firm is responsible for collecting and organizing all this evidence to demonstrate that the work environment was contaminated and lacked adequate protection.
Request a Case Evaluation
If a family member has been a victim of mesothelioma or asbestos-related pathologies, it is essential to act with awareness to protect inheritance rights. Contact Avv. Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26. Through a preliminary analysis of medical and work documentation, we can define the best strategy to obtain fair compensation.