The Court of Cassation and Non-Pecuniary Damage: Reflections on Judgment No. 1361 of 2014

Judgment No. 1361 of 2014 by the Court of Cassation has sparked extensive debate regarding the compensability of non-pecuniary damage. This ruling represents a significant step forward in the protection of inviolable rights, highlighting how the loss of life cannot remain uncompensated, particularly for the relatives of victims of road accidents.

Context of the Judgment

In the case at hand, the Court had to address the issue of compensation for damage suffered by a victim who died following a road accident. The appellants, relatives of the victim, challenged the rejection by the Court of Appeal of Milan of their claim for compensation for non-pecuniary damage, arguing that the victim was entitled to compensation even after a limited period between the injury and death.

Non-Pecuniary Damage and the Right to Life

Damage from loss of life is distinct and different, due to the different protected interest, from damage to health, and differs from terminal biological damage and terminal moral damage.

The Court reiterated that death represents the utmost possible injury to the good of life, which is absolutely protected by the legal system. Therefore, even in cases of immediate death, the victim's relatives are entitled to compensation for non-pecuniary damage, as the loss of life cannot be considered uncompensable damage.

Principles Established by the Court

• The compensability of non-pecuniary damage is an effective rule of law.
• Damage from loss of life must be compensated regardless of the victim's awareness.
• Compensation for non-pecuniary damage must aim at the full restoration of the good of life.

This judgment therefore 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 Court of Cassation marks a turning point in the compensability of non-pecuniary damage, affirming that the loss of life must be protected and compensated. Victims' relatives now have a stronger legal basis to assert their rights, contributing to greater justice for those who have suffered an irreparable loss.