Catastrophic Damage and Compensation: Analysis of the Judgment of Cass. Civ. No. 16592/2019
The judgment of the Court of Cassation No. 16592 dated June 20, 2019, offers an important reflection on the compensation for non-economic damages, particularly those of a catastrophic nature. The decision fits into a complex legal context, where compensation for damages due to psychological suffering must be adequately personalized, especially in situations of severe trauma and temporary suffering, such as in the case of road accidents leading to death.
The Context of the Judgment
The case involved an appeal filed by the parents of a young victim of a road accident, who had suffered severe trauma and lived for three days in agony before dying. Initially, the Court of Appeals in Milan had awarded the damage for suffering at the amount of 1,000 euros, a sum considered trivial by the Court of Cassation, which annulled that decision.
The catastrophic damage is maximal in its entity and intensity, so much so that the injury to health is so high that it is not susceptible to recovery and results in death.
Principles of Compensation for Catastrophic Damage
In the judgment in question, the Court of Cassation reaffirmed that the compensation for catastrophic damage must be carried out according to equitable criteria that take into account the severity of the suffering and the specific situation of the victim. In particular:
- The damage must be personalized, considering the victim's awareness of their condition.
- It is necessary to move beyond traditional tabular criteria in calculating biological damage.
- Compensation for moral damage must reflect the intensity of the psychological suffering endured.
In the specific case, the Court established a compensation of 2,500 euros for each day of suffering, totaling 7,500 euros, an amount that appears more appropriate compared to the previous compensation.
Conclusions
The ruling of the Court of Cassation No. 16592/2019 represents an important milestone in Italian jurisprudence regarding the compensation for catastrophic damage. It emphasizes the need for a fair and personalized assessment of psychological suffering, highlighting the principle that compensation must reflect not only the economic dimension of the damage but also the severity and intensity of the experience lived by the victim. It is therefore essential that legal scholars and professionals in the field adhere to such guidelines to ensure appropriate compensation in cases of catastrophic damage.
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