Analysis of the ruling Cass. civ., Sez. VI, Ord. n. 36297/2022: civil liability and compensation for damages
The recent ruling by the Court of Cassation, Sez. VI, n. 36297/2022, offers significant insights on the topic of civil liability in the context of road accidents and the compensation for damages resulting from the loss of parental relationships. The case originates from a tragic incident in which a young woman lost her life, involving several family members in the compensation claim.
The case under examination
The road accident, which occurred in 2013, led the mother and sister of the victim to seek compensation exceeding the amounts already paid by the insurance company. However, the Court of Cremona rejected the claims, considering the emotional ties insufficient to justify a higher indemnity. The Court of Appeal of Brescia partially accepted the requests, establishing percentages of responsibility between the victim and the driver of the vehicle.
The Court emphasized that the burden of proof regarding the intensity of the emotional bond lies with the heirs, and that the compensation for damages must be justified based on the specific situation.
Legal principles applied
The Court of Cassation reiterated some fundamental principles regarding compensation for damages due to the loss of parental relationships. In particular, the necessity of proving the reality of the emotional bond emerged, an aspect that cannot overlook the evaluation of cohabitation and the quality of relationships. The Court referred to previous case law, such as the rulings Cass. 21230/16 and 7743/20, which affirm that the judge has the authority to deviate from the minimum values set forth in the Milan Tables, provided that the decision is adequately justified.
- Importance of proving the emotional bond
- Possibility of deviating from table values with justification
- Evaluation of concurrent responsibility in road accidents
Conclusions
The ruling in question highlights the complexity of relational dynamics in the case of road accidents and the necessity for a thorough evaluation of responsibility. The recognition of damages due to the loss of parental relationships should not be automatic, but rather based on concrete evidence and an equitable assessment of specific circumstances. Heirs must be prepared to demonstrate the intensity of emotional ties to obtain adequate compensation, following the legal guidelines established by the Court.
