The firm's assistance in serious injury compensation

As a personal injury lawyer in Milan, I assist people who have suffered serious injuries and the families of victims. The firm has practised criminal law for almost twenty years. Knowing how facts are established, how evidence is formed and how liability is identified is also essential for obtaining compensation.

We have acted in complex cases of serious road traffic injuries and road traffic manslaughter, medical liability and workplace accidents. We have also gained experience in assisting victims of mafia crime, including challenges to refusals. For victims of terrorism, we identify the applicable benefits and procedures.

I work with the firm's professionals and with technical consultants chosen case by case. A significant claim requires legal, forensic medical and often engineering expertise. We coordinate them to reconstruct what happened and present a well-founded claim.

How we set up a complex compensation case

A serious injury can change a person's autonomy, work and family life for many years. This is why we also consider reasonably foreseeable future consequences, not only initial expenses or early medical reports.

We distinguish three questions:

• who is liable for the event;
• which consequences follow from it;
• how they should be quantified.

A diagnosis documents an injury, but does not by itself prove the link with the facts. Likewise, clear liability does not remove the need to prove the damage.

The connection between criminal proceedings and compensation

When the event may constitute a criminal offence, we act from the investigation stage. We assist the aggrieved party and assess filing a report or formal complaint, where necessary. Site inspections, examinations of vehicles or machinery, autopsies and medical reports can have a decisive impact on the compensation claim.

Where provided for, we appoint party experts and take part in technical assessments, especially those that cannot be repeated. Discussing evidence when it is formed can be more effective than reconstructing it much later.

We then assess whether to join the criminal proceedings as a civil party or to bring an action before the civil court. The two routes have different rules, timescales and effects. The choice depends on the evidence, the parties involved, insurance cover and the client's needs.

Compensation does not always require a final criminal conviction. If there is sufficient evidence, negotiations can take place even during the investigation.

References: [1].

What damages can be compensated

Compensation covers the consequences actually suffered and proven, both pecuniary and non-pecuniary. The same consequence cannot be counted twice.

Injury to health

Injury to health, known in Italian law as danno biologico, is an impairment of physical and psychological integrity that a forensic doctor can assess. It is temporary during illness and recovery. Permanent injuries, by contrast, leave stabilised after-effects.

Injury to health is relevant even for people without an income, such as a minor or a retired person. The percentage of impairment describes one aspect of the damage, but is not enough on its own to quantify it.

Suffering and the effects on personal life

We examine inner suffering and the repercussions on daily life and relationships, which must be specifically documented. We consider an individual adjustment where particular consequences arise beyond the standard criteria. Labels such as moral or existential damage do not replace evidence.

Financial losses and future expenses

Pecuniary damage may include:

• medical expenses, rehabilitation and care;
• aids, home adaptations and transport;
• future needs, such as ongoing care and further treatment;
• lost income and reduced earning capacity.

For loss of income, we analyse the work performed, duties, tax records and career prospects. The percentage of injury to health does not automatically match the percentage of income lost.

References: [2], [3].

The role of forensic doctors, technical experts and engineers

In cases of significant injury, forensic medical advice is central. We work with experienced forensic doctors and, when needed, with doctors from the relevant disciplines.

The consultant reviews the documents and examines the person. They assess the causal link between the event and the injuries, temporary incapacity, permanent after-effects and care needs. Where necessary, they distinguish the damage caused by the event from pre-existing damage. In complex cases we wait for the clinical picture to evolve before a final assessment.

The report thus becomes the basis of the claim and of discussions with the insurer's doctors or the court's experts.

The dispute may turn first of all on how the event occurred. We then involve accident reconstruction experts and engineers. In road accidents, they examine measurements, photographs, vehicle deformation, marks on the road, visibility, footage and lawfully obtained electronic data. In workplace accidents, they review machinery, guards, maintenance and the organisation of work.

Evidence must be preserved promptly. Repaired vehicles, altered sites or recordings that are no longer available can make the investigation difficult.

How we quantify compensation

To quantify the damage, we assess the date of the event, the person's age, temporary incapacity, after-effects and other proven consequences. Compensation tables must be applied to accurate data and a complete reconstruction.

For non-minor injuries, we consider the single national table introduced by Presidential Decree no. 12/2025 and its updates. It covers impairments between ten and one hundred points in road traffic and healthcare liability. We also check its scope of application over time. For minor injuries, Article 139 of the Insurance Code applies.

Where they are relevant, we also consider case-law criteria and the tables of the Milan Observatory on Civil Justice. These include damage from the loss or serious impairment of a family relationship. The choice of criterion must be legally reasoned, not driven by the most favourable figure.

For future needs, we examine duration, frequency and cost and, where necessary, capitalisation criteria. We present each item separately, so that it can also be verified in negotiations.

References: [3], [4], [5].

Road traffic accidents causing serious injury or death

We assist people seriously injured in road traffic accidents and the families of victims. We also handle cases involving charges of causing road traffic injuries or road traffic manslaughter. We deal with the technical reconstruction, representation in the criminal proceedings and the compensation claim.

We examine driving conduct, road conditions and allegations of contributory negligence. A share of fault attributed to the injured person can significantly reduce the award: we check its grounds and the evidence.

Which insurer should receive the claim

The procedure depends on the accident and on the injured person's position. Direct compensation from one's own insurer is only available in the cases provided for. For the driver, this procedure covers injuries of up to nine points: it does not apply to serious injuries. For passengers, we assess the specific rules on third-party passengers.

The vehicle responsible may be uninsured or unidentified. In these and the other cases provided for by law, we check whether the Road Victims' Fund (Fondo di garanzia per le vittime della strada) can intervene. The Fund is managed by Consap, while designated insurers investigate and settle the claims.

In the most serious accidents, we also check the adequacy of policy limits, the number of injured parties and any advance payments.

References: [3], [6], [7].

Serious cases of medical and healthcare liability

We have handled serious cases of healthcare liability. We reconstruct the diagnosis, the treatment choices, how care was delivered and the consequences for the patient. A complication or an unfavourable outcome does not, on its own, prove a compensable error.

With the forensic doctor, we examine the clinical records and assess whether the conduct was appropriate and how far it affected the outcome. In cases of delay or omission, we must reconstruct what would have happened with the correct conduct.

The position of the healthcare facility and the professional

Law no. 24/2017 distinguishes the liability of the healthcare facility from that of the individual practitioner. The facility is liable in contract. The practitioner is generally liable in tort, unless they have directly assumed a contractual obligation towards the patient. The distinction affects the claim, the evidence and the time limits.

We also assess insurance cover, organisational failings and issues of patient information and consent.

Preliminary expert assessment and settlement

Before proceedings, Article 8 of Law no. 24/2017 provides for a preliminary expert assessment under Article 696-bis of the Code of Civil Procedure. Mediation is available as an alternative. In the expert procedure, the court-appointed experts examine the issues and a settlement is attempted.

We take part with our own experts: a well-conducted assessment can allow the dispute to be resolved early.

References: [8], [9].

Workplace accidents and damages beyond INAIL benefits

We assist workers who have suffered serious injuries and the families of those who have died at work. We coordinate the reconstruction of liability, any criminal proceedings and the compensation claim.

We examine in particular:

• the safety measures adopted and the risk assessment;
• training, maintenance and machinery guards;
• the organisation of work and, in contracting arrangements, the allocation of obligations.

Article 2087 of the Civil Code and Legislative Decree no. 81/2008 are essential points of reference. The breached obligation and its causal link with the accident must be identified. Any error by the worker must be assessed in light of the precautions required and the risks the organisation should have prevented.

Why INAIL benefits may not provide full redress

INAIL benefits and civil damages follow different rules. Where the conditions for liability are met, we assess the differential damage: the part of the damage that remains beyond the benefits paid for the same harm. We also consider heads of damage not covered by the social insurance scheme.

It is not correct to deduct all INAIL benefits indiscriminately from the total damages. A detailed calculation is needed, especially in cases of significant permanent impairment and death. In these cases the worker's rights, survivors' benefits and the family members' own claims may coexist.

References: [2], [10], [11], [12].

Compensation for the victim's family members

A death or a very serious injury can also cause compensable harm to family members. We establish the damage from the loss or serious impairment of the family relationship, starting from the actual ties and the changes caused by the event. Cohabitation matters, but it is not the only test of the bond.

We also assess the financial consequences, such as the loss of the support that the victim provided or would presumably have provided. If the victim survives with a severe disability, we consider the impact of caregiving on the relatives' lives.

The family members' own rights may be joined by rights acquired as heirs, for damage accrued by the victim before death. Depending on the head of damage claimed, the length of survival and any awareness of one's condition are relevant. Death alone does not automatically give rise to an inheritable claim for the loss of life.

References: [2], [5], [13].

Victims of mafia and terrorism and applications rejected by the Ministry

We assist victims of mafia crime in accessing statutory support. Law no. 512/1999 governs access to the revolving Solidarity Fund for victims of mafia-type offences. Not all harm caused by crime gives access to this measure.

We examine the decision awarding compensation, any provisional award and the costs allowed. We check that the facts fall within the offences covered. We also check the subjective and objective requirements and any sums already received. The application is filed with the competent Prefecture, which conducts the investigation. The Solidarity Committee at the Ministry of the Interior then decides, while Consap pays out the sums approved.

Measures for victims of terrorism

For victims of terrorism and eligible family members, we examine the special legislation, including Laws no. 302/1990, no. 407/1998 and no. 206/2004. Beneficiaries, requirements, benefits and procedures may differ from those of the anti-mafia Fund.

Measures may include lump-sum grants, allowances and social security or healthcare benefits. They do not automatically amount to full compensation for the damage. We identify the competent authority and the channel for each application.

Rejection of applications to the Ministry

Before taking action, we analyse the reasons for the refusal and, where necessary, the case file. A refusal may stem from missing documents, the reading of the court decision or the interpretation of the requirements. A request for review must not cause the time limits for seeking redress to be overlooked.

A ministerial decision does not automatically take the dispute before the Regional Administrative Court (TAR). For benefits from the anti-mafia Fund that constitute an individual right, case law assigns jurisdiction to the ordinary courts.

References: [14], [15], [16], [17].

Negotiating with insurers and complaints to IVASS

In negotiations, the insurer assesses the claim partly in light of its own financial interest. We challenge unfounded reductions concerning liability, after-effects, contributory negligence or future damage. We also check whether policy limits, excesses and exclusions can be relied on against the injured party.

A complete claim, deadlines and the settlement offer

In motor liability insurance, for personal injury the insurer has ninety days from a complete claim. Within that period it must make an offer or explain the reasons preventing one. For injuries, evidence of recovery or of the stabilisation of after-effects is also required. The period therefore does not simply run from the day of the accident.

The first offer is not a measure of the claim's value. Before a settlement is signed, we examine the waivers and the effects of the discharge: a full and final payment can close the dispute permanently. We therefore compare the offer with the medical picture, future needs and the risks of litigation.

Complaints to the insurer and to IVASS

Delays, inadequate replies or claims handling that breaches the rules may justify a documented complaint to the insurer. The insurer must reply within forty-five days of receipt. If it does not reply, or the reply is unsatisfactory, we can refer the matter to IVASS.

IVASS supervises insurers, but it does not decide who caused the accident, quantify the damage or order payment. We also consider the Insurance Ombudsman (Arbitro Assicurativo), within the applicable limits of competence and value. It decides on the documents submitted, without new expert or witness evidence. For disputes requiring complex technical assessments, this feature is decisive.

References: [3], [6], [18], [19].

When to seek an agreement and when to go to court

We prefer negotiation for reasons of time, cost and the person's needs. A fair settlement can make resources for care available without waiting for the end of a lawsuit. From the outset, however, we prepare the evidence that might be needed in court.

Before proceedings, we check the procedures required for the subject matter:

• for road traffic claims, mandatory lawyer-assisted negotiation and the alternatives permitted by law;
• for medical liability, the preliminary expert assessment or mediation.

If liability is denied without adequate grounds or offers remain insufficient, we consider going to court.

Protecting rights while negotiating

Negotiations must not become an indefinite wait. We check limitation periods and time bars. Time limits vary with the type of liability and may be affected by a connection with a criminal offence. Reporting an offence, lodging a complaint or exchanging informal correspondence does not necessarily interrupt every time limit.

References: [2], [9], [20].

Evaluating the claim with the firm

To assess a compensation claim, we start by establishing what happened and reviewing the available documents:

• official reports and criminal case documents;
• medical records and forensic medical reports;
• expenses incurred and correspondence with insurers or public authorities;
• for workplace accidents, INAIL documents;
• for applications to funds, the court decision, the application and any refusal.

We identify urgent checks and the experts to involve. We agree the approach, the estimate of legal fees and any expert costs with the client.

With my staff, I place the accuracy of the findings and the concrete consequences of the event at the centre of every case. We pursue the claim, in negotiation or in court, until the matter is resolved.