Catastrophic Damage Compensation: Cass. No. 16592 of 2019 and Equitable Liquidation

Judgment No. 16592 of the Court of Cassation, issued on June 20, 2019, represents a fundamental reference point for the liquidation of non-pecuniary damages, particularly concerning catastrophic damage. This ruling clarifies the criteria to be followed for assessing such damages, highlighting the importance of an equitable and personalized approach by judges.

Context of the Judgment

The case involved the appellants C.A. and D.V.I., parents of a victim of a road accident, who had sought compensation for the catastrophic damage suffered by their son. Firstly, the Court of Appeal of Milan had awarded a negligible amount of compensation for the damage, amounting to only 1,000 euros for three days of agony, a sum that the Cassation Court had already deemed inadequate. The Court therefore annulled this decision and ordered a new trial.

The liquidation of catastrophic damage must consider the specificity of psychological suffering and the victim's awareness of their imminent death.

Principles for Liquidating Catastrophic Damage

In its judgment, the Court of Cassation emphasized that catastrophic damage cannot be liquidated solely based on standardized tables but must take into account the peculiar nature of the suffering. The judges specified that:

• Terminal biological damage implies a component of psychological suffering that must be assessed equitably.
• It is necessary to consider the personalization of the damage, taking into account the specific circumstances of the case.
• The liquidation must be adequate and not reductive compared to the severity of the suffering endured by the victim.

The Court thus established a liquidation criterion of 2,500 euros per day, recognizing the intensity of the damage and the victim's awareness of their critical situation.

Conclusions

Judgment No. 16592 of 2019 represents an important affirmation of the principle of equity in the liquidation of catastrophic damages. It highlights how judges must go beyond standard tables and consider the human aspect of suffering, especially in tragic situations like the one analyzed. This approach not only protects the rights of victims and their families but also promotes a more sensitive and aware justice.