Compensation for Damages from Road Accidents: Judgment No. 4166 of 2024 by the Court of Cassation
Judgment No. 4166 of 2024 by the Court of Cassation offers an important reflection on the issue of compensation for parental damage resulting from road accidents. In particular, the Court addressed the issue of quantifying damages in relation to the loss of a family member, highlighting the need for adequate reasoning and adherence to the reference tables used by judges.
The Case Examined by the Court
The case at hand involved A.A., special attorney for several family members of the victim F.F., who died as a result of a road accident. The Court of Appeal of Milan, with judgment No. 199/2020, had established compensation for the family members, but the appellant contested the quantification of damages, arguing that the Court had incorrectly applied the compensation tables.
The Court of Cassation emphasized the importance of clear and adequate reasoning for the quantification of parental damage, highlighting that the application of tables cannot be automatic and requires a thorough analysis of the specific case.
The Criticisms of the Court of Appeal's Judgment
Among the grounds for appeal, the most significant was related to the reasoning of the Court of Appeal, which had assessed the damage for the victim's sisters based on the minimum tabular amount, inadequately considering the emotional bond between them. The Court of Cassation found this reasoning inadequate. Furthermore, the incorrect application of the tables of the Court of Milan was highlighted, as it is not sufficient to classify the sisters as unilateral to automatically determine a lower compensation.
- The appellant reported a violation of law regarding the quantification of non-economic damages.
- The absence of consideration for the specific circumstances of the case was contested.
- The Court highlighted the inadequacy of the reasoning related to the compensation for the victim's grandmother.
Conclusions
In conclusion, judgment No. 4166 of 2024 by the Court of Cassation underscores the importance of a meticulous and personalized assessment of damages in the case of road accidents. The Court accepted the appeal and referred the case back to the Court of Appeal of Milan, emphasizing that each situation must be examined in light of the specific family relationships and concrete circumstances. This judicial orientation represents a step forward towards fairer justice for the victims of road accidents and their families.
