Legal protection for a new life project
The total or partial loss of sight or hearing is an event that profoundly alters a person's existence, with repercussions on their autonomy, social relationships, and work capacity. When this serious impairment is caused by the wrongful act of another, such as a road accident, a workplace injury, or medical malpractice, the law provides for the right to full compensation for all damages suffered. Understanding how to navigate the legal and medico-legal complexities to obtain fair compensation is the first step in rebuilding one's future. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists victims of these events, providing clear guidance and legal assistance aimed at protecting their rights.
The path to compensation is far from simple. It requires a precise assessment of biological damage, quantification of economic consequences, and proof of the causal link between the event and the injury sustained. Relying on a professional with consolidated experience in the field is essential to avoid accepting inadequate compensation offers from insurance companies and to face any legal proceedings with the necessary expertise. The goal is not just to obtain a sum of money, but to have the value of one's integrity recognized and to obtain the resources necessary to adapt to the new life condition with the utmost dignity.
The regulatory framework for compensation for damages
The right to compensation for the loss of sight or hearing is based on the concept of non-pecuniary damage and pecuniary damage. The former includes so-called biological damage, i.e., permanent injury to a person's psycho-physical integrity, subject to medico-legal assessment. Its quantification is carried out by applying specific tables, such as the Tables of the Court of Milan, which translate the percentage of permanent disability into a monetary value, taking into account the victim's age. An accurate medico-legal assessment is therefore the pillar on which the entire compensation claim is built.
In addition to biological damage, compensation must also include moral damage, understood as the inner suffering and psychological distress experienced, and existential damage, which represents the worsening of the quality of life and the forced renunciation of activities and projects that previously enriched existence. Added to these items is pecuniary damage, which covers both medical expenses incurred and future expenses (emergent damage) and the loss or reduction of earning capacity (lost profits). Calculating the latter requires careful analysis of the profession carried out and the career prospects compromised by the impairment.
The approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a personalized and rigorous strategy. Each case begins with an in-depth analysis of all medical documentation and the circumstances that caused the damage. The firm collaborates with trusted medico-legal consultants, who are essential for accurately assessing the percentage of permanent disability and for drafting an expert report that constitutes a solid evidentiary basis. This phase is crucial for correctly and completely quantifying each item of damage, without overlooking any aspect.
Once the extent of the compensation has been determined, the Bianucci Law Firm initiates negotiations with the opposing party or its insurance company, with the aim of reaching a fair out-of-court settlement within a reasonable timeframe. In-depth knowledge of settlement dynamics and case law in the field allows for authoritative negotiation. Should it not be possible to reach a satisfactory agreement, the firm is prepared to initiate the necessary legal action to protect the client's rights in court, ensuring constant and transparent assistance at every stage of the proceedings. The goal is to ensure that the compensation obtained reflects the real severity of the damage and provides the resources for a serene future.
Frequently Asked Questions
How is compensation for loss of sight or hearing calculated?
The calculation is a complex process that is primarily based on the percentage of permanent disability ascertained by a medico-legal expert. This figure is then entered into specific tables (usually those of the Court of Milan) which, based on the victim's age, provide a value for biological damage. To this amount are added the personalization for moral and existential damage, reimbursement of medical expenses incurred and future expenses, and compensation for loss of earning capacity, calculated on compromised income prospects.
How long do I have to claim compensation for damages?
The statute of limitations varies depending on the nature of the liability. In cases of non-contractual liability (e.g., an accident caused by a third party), the term is 5 years from the date the event occurred. For road accidents, the term is 2 years. If, on the other hand, the liability is contractual, as in the case of medical malpractice within a healthcare facility, the term is 10 years. However, it is essential to act promptly to avoid losing the right.
What should I do immediately after suffering the damage?
The first and most important action is to meticulously preserve all medical documentation: emergency room reports, medical records, diagnostic tests, certificates, and invoices for visits or therapies. It is equally crucial to note down every expense incurred. Subsequently, it is advisable to contact a lawyer with experience in the field before making statements or signing documents proposed by insurance companies, in order to avoid compromising your rights.
Does compensation also cover expenses for adapting my home or for future assistance?
Yes. Full compensation must include all pecuniary consequences of the damage. This means that sums necessary for adapting the home (e.g., removal of architectural barriers), for purchasing specific technological aids, for future rehabilitation therapies, and, in more serious cases, for covering the costs of continuous personal assistance can be claimed. These items fall under future pecuniary damage and must be proven and quantified precisely.
Request an Assessment of Your Case in Milan
Facing the consequences of a serious impairment such as loss of sight or hearing requires strength, support, and competent legal guidance. Obtaining fair compensation is a fundamental right to be able to look to the future with greater serenity and with adequate resources. If you or a family member have suffered damage of this magnitude, it is essential to fully understand the legal options available to you. The Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, offers its expertise to analyze your situation. Contact the firm to schedule a confidential meeting with Avv. Marco Bianucci and receive a clear and professional assessment of your case.