Compensation for Damage from Loss of Parental Relationship: Commentary on Ordinance No. 761 of 2025

The recent Ordinance No. 761 of January 12, 2025, by the Court of Cassation provides important clarifications regarding the assessment of damage from the loss of parental relationship. This type of compensation is particularly sensitive, as it involves moral suffering and the impairment of family relationships resulting from the death of a relative. The Court emphasized the importance of adequate reasoning by the judge, especially when using tables for damage assessment.

The Context of the Ruling

The case involved R. (S. G.) and A. (M. A. A.), and led to the evaluation of equitable compensation for the damage suffered by the family members following the death of a relative. The Court of Appeal initially reduced the amount awarded in the first instance, merely referring to an average tariff value without clarifying the calculation elements used. This raised questions about the correctness of the decision.

The Key Principle of the Ruling

In general. In the equitable assessment of damage from the loss of parental relationship, in its components of subjective moral suffering and dynamic-relational impairment resulting from the death of the relative, the judge, when using tabular tools, is required to indicate in the reasoning the calculation elements employed in order to make clear the path taken to arrive at a compensation that adheres to the evidence, even of a presumptive nature, that emerged during the proceedings. (In this case, the Supreme Court annulled the contested ruling that had reduced, within the limits of the "average tariff value", the amount awarded in the first instance to the relatives, without specifying which edition of the table prepared by the Milan Civil Justice Observatory was referenced and without justifying the imposed reduction, in light of the recognized intensity of the family bond).

The Importance of Reasoning

The Court of Cassation clarified that when using a tabular tool for damage assessment, the judge must provide adequate reasoning. This includes indicating the calculation elements used and explaining the logical path followed to reach the final decision. The lack of such details can lead to the annulment of the ruling, as occurred in the case at hand.

  • Importance of reasoning for the transparency of the assessment.
  • Need to specify the table used for the calculation.
  • Recognition of the intensity of the family bond as a determining factor.

Conclusions

In summary, Ordinance No. 761 of 2025 represents an important step forward in protecting the rights of the families of victims of fatal accidents. The Court of Cassation reiterated that the assessment of damage from the loss of parental relationship must be conducted with maximum transparency and reasoning. This not only ensures fair justice but also protects the rights of victims and their relatives, ensuring that judicial decisions are based on clear and understandable evidence.

Bianucci Law Firm