Recognition of Death Damage and Non-Economic Damage: Cassation 1361/2014
The ruling no. 1361 of 2014 by the Court of Cassation provided significant clarifications regarding the compensation for non-economic damage, particularly in relation to death damage. This ruling is of great relevance for the interpretation of current regulations and for the protection of the rights of victims and their families in case of road accidents and other harmful events.
Fundamental Principles Established by the Court
The right to compensation for the damage from loss of life is acquired by the victim instantly at the moment of the fatal injury, and thus prior to the exitus, constituting an ontological, indispensable exception to the principle of non-compensability of the event damage.
The Court analyzed various aspects of the issue, affirming that:
- The damage from loss of life is distinct from biological damage and moral damage, as it represents the loss of the individual's supreme good.
- The compensation for non-economic damage is always subject to an equitable assessment, which must take into account the specific circumstances of the case.
- In the event of death shortly after the harmful event, moral damage is still recognizable, even if the victim did not have time to fully perceive the gravity of the situation.
Implications for the Victim's Family
The ruling confirmed that non-economic damage and the right to compensation are transmissible to heirs. This means that the victim's family members can claim compensation for the loss suffered, based on criteria of equity and personalization of the damage.
Furthermore, it is highlighted that the Court rejected the idea that the time gap between the harmful event and death could exclude compensation, thereby reaffirming the rights of family members in the context of a society that must ensure respect for human dignity.
Conclusions
The ruling no. 1361 of 2014 represents a significant step forward in the protection of the rights of victims and their families, clearly establishing that the loss of life must always be considered a compensable damage. This jurisprudential orientation promotes greater justice in damage settlements and ensures adequate support for the relatives of victims of harmful events.
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