Compensation for damages and civil liability: analysis of the ruling Cass. civ. n. 12913/2020
The ruling of the Court of Cassation n. 12913, issued on June 26, 2020, clearly addresses crucial issues regarding civil liability and compensation for damages. In particular, it focuses on the assessment of non-pecuniary damage and the calculation methods in the event of the victim's premature death, highlighting the importance of the actual duration of life in determining the amount of compensation.
The context of the ruling
In the case at hand, the Court of Appeal of Ancona partially reformed the first instance ruling, believing that the assessment of non-pecuniary damage should be based on the actual life of the injured party, rather than merely on the average life expectancy. This decision sparked appeals, as the victim's family argued that the damage should also include the hypothesis of premature death.
The Court reiterated that, in the event of the death of the injured party, the assessment of biological damage must be proportional to the actual duration of life, rather than the statistical expectation.
Principles of damage assessment
The Court clarified that, for the assessment of biological damage, the age of the victim is relevant, but it cannot be the sole criterion. In fact, the actual duration of life must be considered to ensure adequate and fair compensation. Below are some key aspects that emerged from the ruling:
- The assessment of damages must reflect the actual living condition of the victim.
- The calculation criteria should be based on absolute temporary disability and the severity of the injury.
- Compensation tables, such as those from Milan, can be used as reference parameters, but they are not binding.
Implications for the future
This ruling represents a significant step towards the protection of the rights of accident victims and their families, emphasizing the importance of compensation that takes into account actual life and the suffering endured. It invites reflection on the fairness of compensations and the need for a more humanistic approach in assessing non-pecuniary damages.
Conclusions
In summary, the ruling Cass. civ. n. 12913/2020 provides a useful overview for legal practitioners and families involved in similar disputes. It highlights how civil justice must always consider the human dimension of damage, so that every compensation can truly reflect the value of life and human experiences.
