Damages Compensation and Civil Liability: Analysis of Judgment Cass. civ. no. 12913/2020

The judgment of the Court of Cassation no. 12913, issued on June 26, 2020, clearly addresses crucial issues concerning civil liability and damages compensation. In particular, it focuses on the assessment of non-pecuniary damages and the calculation methods in cases of the injured party's predecease, highlighting the importance of the actual duration of life in determining the compensation amount.

Context of the Judgment

In the case at hand, the Court of Appeal of Ancona had partially reformed the first-instance judgment, holding that the assessment of non-pecuniary damages should be based on the actual life of the injured party, rather than on the simple average life expectancy. This decision led to appeals, as the victim's family members argued that the damages should also include the possibility of predecease.

The Court reiterated that, in the event of the injured party's death, the assessment of biological damages must be proportionate to the actual duration of life, rather than to statistical expectancy.

Principles of Damage Assessment

The Court clarified that, for the assessment of biological damages, the victim's age is relevant but cannot be the sole criterion. In fact, the actual duration of life must be considered to ensure adequate and fair compensation. Below are some key aspects that emerged from the judgment:

• The assessment of damages must reflect the victim's actual living conditions.
• The calculation method must be based on temporary absolute disability and the severity of the injury.
• Liquidation tables, such as the Milanese ones, can be used as reference parameters but are not binding.

Implications for the Future

This judgment represents a significant step towards protecting the rights of accident victims and their families, emphasizing the importance of compensation that takes into account actual life and suffered pain. It prompts reflection on the fairness of assessments and the need for a more humanistic approach in evaluating non-pecuniary damages.

Conclusions

In summary, judgment Cass. civ. no. 12913/2020 offers a useful overview for legal professionals and families involved in similar disputes. It highlights how civil justice must always consider the human dimension of damage, so that every compensation can truly reflect the value of life and human experiences.