Understanding Compensation for Damages After a Road Accident

A road accident is a sudden and often traumatic event, the consequences of which go far beyond material damage to the vehicle. Dealing with physical injuries, disruptions to daily life, and complex bureaucratic procedures with insurance companies can generate a strong state of stress and uncertainty. In this context, it is essential to know your rights and the procedures to obtain full and fair compensation for all the damages suffered. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists victims of road accidents, providing legal support aimed at protecting their interests and ensuring fair redress.

The Regulatory Framework: Which Damages Are Compensated?

Italian law, particularly Article 2054 of the Civil Code, establishes the principles of liability in vehicle circulation. The right to compensation covers various types of damages, which are generally divided into two macro-categories. The first is pecuniary damage, which concerns direct and indirect economic losses. This includes 'emergent damage,' such as costs for vehicle repairs, medical expenses, and assistance, and 'lost profits,' meaning the loss of earnings due to the inability to work because of the injuries sustained.

The second category is non-pecuniary damage, which compensates for harm to the individual's personal sphere. The most important item is 'biological damage,' understood as damage to a person's psycho-physical integrity, ascertained by a forensic doctor. To this are added 'moral damage,' which compensates for the inner suffering and emotional distress experienced, and 'existential damage,' relating to the worsening of the quality of life and the forced renunciation of personal and social activities. The quantification of these damages requires in-depth analysis and is based on medico-legal criteria and jurisprudential tables.

The Approach of the Bianucci Law Firm in Milan

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in compensation for damages from road accidents in Milan, is based on a precise and results-oriented strategy. Each case begins with a scrupulous collection of all evidentiary documentation: the official report from the intervening authorities, witness statements, complete medical documentation, and technical and medico-legal expert reports. This phase is crucial for building a solid foundation for the compensation claim.

Once all the damages suffered have been precisely quantified, the firm initiates negotiations with the competent insurance company. The goal is to reach an out-of-court settlement that is fully satisfactory for the client, avoiding the delays of legal proceedings. However, should the insurance company's offer prove inadequate or partial, Avv. Marco Bianucci does not hesitate to take the necessary legal action to protect his client's rights in court and obtain the maximum possible compensation.

Frequently Asked Questions

What should I do immediately after a road accident?

It is essential to remain calm and, if possible, secure the area. If there are injured parties, call for help immediately. Fill out the amicable accident report form (CID) with the other party, if there is agreement on the sequence of events. Otherwise, or in the presence of significant injuries, request the intervention of the authorities (Local Police or Carabinieri). It is also useful to take photos of the vehicles and the accident scene and collect the details of any witnesses.

What are the main types of compensable damages?

Compensable damages include damage to the vehicle and transported items (emergent pecuniary damage), medical expenses incurred and future, and loss of earnings for days absent from work (lost profits). In addition to these, there is personal injury, which includes biological damage (physical injury), moral damage (psychological suffering), and existential damage (negative alteration of life habits).

How long do I have to claim compensation?

The right to compensation for damages caused by vehicle circulation generally becomes time-barred after two years from the day the accident occurred. If the event is considered a crime by law (e.g., serious negligent injury), the statute of limitations is longer and coincides with that provided for the crime itself. However, it is essential to act promptly to avoid losing the right.

Is it always necessary to sue the insurance company?

No, most compensation cases are resolved out of court, through negotiation between the injured party's lawyer and the insurance company. However, the assistance of a lawyer is crucial for communicating with claims adjusters on an equal footing and obtaining a fair offer. Legal action is only taken when a fair agreement cannot be reached amicably.

Contact Avv. Marco Bianucci for an Assessment of Your Case

If you or a family member have been involved in a road accident in Milan, it is crucial to act promptly to protect your rights. Entrusting yourself to an expert lawyer in damages compensation is the first step to ensure correct and professional handling of your case. The Bianucci Law Firm offers an initial consultation to analyze your situation, outline the most effective strategies, and clarify any doubts you may have. Contact the firm to receive qualified legal advice and understand how to proceed to obtain the compensation you are legally entitled to.