Invisible suffering deserves justice
A traumatic event, such as a serious accident, an assault, or a sudden bereavement, does not leave only physical scars. Often, the deepest wound is psychological, an invisible injury that can manifest as anxiety, depression, or full-blown Post-Traumatic Stress Disorder (PTSD). Understanding that this suffering has legal value and is compensable is the first step towards starting a recovery process and obtaining justice. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists people who have suffered trauma, providing legal assistance aimed at recognizing and quantifying every aspect of the damage suffered.
Psychological Damage: A Real and Compensable Injury
In Italian law, damage to health is understood as an injury to a person's psycho-physical integrity. This means that a compromise of the psychological sphere, if medically ascertained, constitutes a biological damage of a psychic nature, fully compensable. It is not a mere passing emotional disturbance, but a pathology that negatively affects daily life, relationships, and work capacity. Established jurisprudence recognizes that psychological damage must be proven through specialized medical documentation, such as psychological or psychiatric expert reports, which attest to its existence, severity, and, above all, its causal link with the harmful event suffered.
Post-Traumatic Stress Disorder (PTSD): Recognition and Proof
Post-Traumatic Stress Disorder is one of the most severe forms of psychological damage. To obtain compensation for it, a rigorous assessment process is essential. Proof is primarily based on the forensic medical expert report, a technical analysis prepared by a specialist who assesses the victim's psychological condition. This document describes the pathology, establishes its link to the traumatic event, and quantifies the damage in terms of the percentage of permanent disability and temporary incapacity. Testimonies, previous medical documentation, and any other element useful to demonstrate the negative change in the person's life following the trauma can be used as support.
The Approach of the Bianucci Law Firm
Addressing a claim for compensation for psychological damage requires technical expertise and deep sensitivity. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a personalized strategy that places the person and their story at the center. We understand that the legal process can be emotionally challenging, which is why we guarantee constant and transparent support at every stage. Our assistance is not limited to bureaucratic management but extends to building a solid evidentiary basis for the compensation claim.
The firm's strategy involves close collaboration with a network of trusted forensic doctors and psychologists, essential for preparing accurate and unassailable expert reports. Our goal is to translate psychological suffering into an fair and complete economic quantification, which takes into account not only the biological damage itself but also moral damage (inner suffering) and existential damage (worsening of quality of life). We work to ensure that the compensation fully reflects the impact that the trauma has had on every aspect of your existence, present and future.
Frequently Asked Questions
How is psychological damage proven to obtain compensation?
To prove psychological damage, specialized medical documentation is essential. The key document is the forensic medical expert report prepared by a forensic psychologist or psychiatrist, which ascertains the pathology, its severity, and the direct link (causal nexus) with the harmful event. Medical certificates, prescriptions for medication, and testimonies that confirm the negative change in life habits are also useful.
What types of events can cause compensable psychological damage?
Numerous events can form the basis of a claim for compensation for psychological damage. Among the most common are road accidents with serious consequences, physical or verbal assaults, robbery incidents, workplace accidents, medical malpractice cases, grief due to the loss of a family member due to another's wrongdoing (damage from loss of parental relationship), and cases of mobbing or stalking.
How much is psychological damage worth in terms of compensation?
There is no fixed amount. The quantification of compensation depends on several factors, including the percentage of permanent disability recognized by the forensic medical expert report, the age of the injured person, and the impact of the damage on their daily life. Specific tables are used for calculation, such as the Tables of the Court of Milan, which provide criteria for liquidating biological damage in a fair and uniform manner throughout the national territory.
How long do I have to claim compensation for psychological damage?
The statute of limitations varies depending on the nature of the offense. In cases of non-contractual liability (such as an assault or an accident), the term is generally 5 years from the date the event occurred. If the damage results from a road accident, the term is reduced to 2 years. If the act constitutes a crime, the longer prescription periods provided for that crime apply. It is essential to act promptly to avoid losing the right to compensation.
Request an Assessment of Your Case in Milan
Obtaining fair compensation for psychological damage is a complex process that requires professional assistance. If you or a family member are facing the consequences of a traumatic event, it is essential to understand your rights and the legal actions available for your protection. Avv. Marco Bianucci and the Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offer an initial case assessment to analyze the situation and define the best strategy. Contacting an expert lawyer in compensation for damages is the first step towards transforming suffering into concrete recognition of your rights.