When trust is betrayed: damages from professional error

Entrusting oneself to a professional, be it a lawyer, an accountant, a notary, or an engineer, means placing trust in their competence and diligence. When this trust is betrayed due to an error, negligence, or omission, the consequences can be severe, causing significant economic losses and a deep sense of frustration. Understanding that one has suffered harm due to the actions of someone who should have protected their interests is a complex experience. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci supports those in this delicate situation, providing a clear analysis and targeted legal assistance to obtain fair compensation for the prejudice suffered.

Professional Liability: Regulatory Framework

Professional liability arises when a professional, in carrying out their assignment, fails to exercise the diligence required by the nature of the activity performed, as established by article 1176, second paragraph, of the Civil Code. This diligence is not the generic 'good father of a family' diligence, but a qualified diligence, commensurate with the technical rules and specific knowledge of the sector. Professional error can manifest as negligence (lack of attention), imprudence (acting without due caution), or inexperience (lack of specific technical skills). The objective of a legal action is to demonstrate that such conduct has caused direct and quantifiable damage to the client.

Compensable damage can take various forms. The most common is pecuniary damage, which is divided into 'actual damage', meaning the immediate economic loss suffered by the client (for example, a tax penalty due to an accountant's error), and 'loss of profit', meaning the lost earnings resulting from the error (such as the loss of a business opportunity due to incorrect legal advice). In some cases, the so-called 'loss of chance' may also be compensable, i.e., the loss of the concrete possibility of achieving a favorable outcome, and, in specific situations, non-pecuniary damage, if the error has infringed upon inviolable personal rights.

The Approach of Bianucci Law Firm

Obtaining compensation for professional liability requires a rigorous legal strategy and a deep knowledge of the subject matter. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation, is based on a detailed and transparent preliminary analysis. The first step involves examining all available documentation to verify the existence of the three fundamental elements: the professional's error, the existence of concrete damage, and the causal link between the two. This process often requires the support of technical consultants (CTP) specialized in the relevant sector, capable of drafting expert reports that attest to the error and quantify the damage with precision.

Once the merits of the claim have been established, the Bianucci Law Firm in Milan defines the best strategy to protect the client's interests. The primary objective is, where possible, to reach a satisfactory settlement with the professional and their insurance company, avoiding the lengthy process of litigation. However, should negotiation not lead to an equitable outcome, the firm is prepared to initiate legal action with determination, managing every phase of the process to ensure the client full recognition of their rights and fair compensation for the prejudice suffered.

Frequently Asked Questions

How long do I have to claim compensation for professional error?

The claim for damages due to professional liability generally prescribes in ten years. This term starts from the moment the damage manifested and the client had an objective and complete perception of it. However, it is crucial to act promptly to gather all necessary evidence and not compromise the outcome of the legal action.

How is the error of a lawyer or accountant proven?

Proving the error requires a comparative analysis between the professional's actual conduct and the standard of diligence and competence required in that specific sector. The evidence is primarily based on documents such as contracts, correspondence, procedural acts, tax declarations, and, in many cases, a technical expert report is crucial, clearly highlighting the violation of professional standards and the causal link with the alleged damage.

What happens if the professional has insurance?

The law requires many professional categories to have a civil liability insurance policy. The presence of insurance is a guarantee for the injured party, but it introduces a qualified interlocutor into the compensation dynamic, the insurance company, which aims to minimize compensation. For this reason, it is essential to be assisted by a lawyer with specific experience, capable of negotiating effectively and, if necessary, handling litigation with the right preparation.

Case Evaluation in Milan

Understanding whether you are entitled to compensation for professional liability requires a thorough and personalized legal analysis. If you believe you have suffered harm due to a professional's negligence, contact the Bianucci Law Firm for a preliminary evaluation of your case. Avv. Marco Bianucci, with his consolidated experience in damages compensation in Milan, will provide a clear and strategic opinion on the most appropriate actions to take to protect your rights.