Compensation for catastrophic damage: Cass. n. 16592 of 2019 and equitable assessment

The ruling n. 16592 of the Court of Cassation, pronounced on June 20, 2019, represents a fundamental reference point for the assessment of non-pecuniary damages, particularly regarding catastrophic damage. This ruling clarifies the criteria to follow for the evaluation of such damages, highlighting the importance of an equitable and personalized approach by judges.

The context of the ruling

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

The assessment of catastrophic damage must consider the specificity of psychological suffering and the duration of the victim's awareness of their imminent demise.

Principles of compensation for catastrophic damage

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

  • The terminal biological damage involves 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 compensation must be adequate and not reductive in relation to the severity of the suffering endured by the victim.

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

Conclusions

The ruling n. 16592 of 2019 represents an important affirmation of the principle of equity in the compensation for 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.

Bianucci Law Firm