The Supreme Court and Non-Economic Damage: Reflections on Judgment No. 1361 of 2014
Judgment No. 1361 of 2014 by the Supreme Court has sparked extensive debate regarding the compensability of non-economic damage. This ruling represents an important step forward in the protection of inviolable rights, highlighting how the loss of life cannot remain without compensation, particularly for the families of victims of road accidents.
The Context of the Judgment
In the case at hand, the Court had to address the issue of the compensability of damage suffered by a victim who died following a road accident. The appellants, family members of the victim, contested the rejection by the Court of Appeal of Milan of their request for compensation for non-economic damage, arguing that the victim had the right to compensation even after a limited time span from the injury to death.
Non-Economic Damage and the Right to Life
The damage from the loss of life is different and distinct, due to the different protected interest, from damage to health, and it differs from terminal biological damage and terminal moral damage.
The Court reiterated that death represents the maximum possible injury to the right to life, which is absolutely protected by the legal system. Therefore, even in the case of immediate death, the family members of the victim have the right to compensation for non-economic damage, as the loss of life cannot be considered non-compensable damage.
Principles Established by the Court
- The compensability of non-economic damage is a rule of effective law.
- The damage from the loss of life must be compensated regardless of the victim's awareness.
- The compensation for non-economic damage must aim for the full restoration of the right to life.
This judgment thus represents an important recognition of human dignity and the centrality of the person in civil law, establishing a significant precedent for future jurisprudence.
Conclusions
In conclusion, Judgment No. 1361 of 2014 by the Supreme Court marks a turning point in the compensability of non-economic damage, asserting that the loss of life must be protected and compensated. The families of victims now have a stronger legal basis to assert their rights, contributing to greater justice for those who have suffered an irreparable loss.
