Catastrophic Damage and Compensation: Analysis of Judgment Cass. Civ. No. 16592/2019

The judgment of the Court of Cassation No. 16592 of June 20, 2019, offers an important reflection on the compensation of non-pecuniary damages, particularly those of a catastrophic nature. The decision is part of a complex legal context, where compensation for psychological suffering must be adequately personalized, especially in situations of severe trauma and temporary suffering, as in the case of road accidents leading to death.

The Context of the Judgment

The case concerned an appeal filed by the parents of a young victim of a road accident, who had suffered severe injuries and endured three days of agony before dying. Initially, the Court of Appeal of Milan had awarded compensation for suffering in the amount of 1,000 euros, a sum considered negligible by the Court of Cassation, which overturned this decision.

Catastrophic damage is maximum in its extent and intensity, such that the health impairment is so severe as to be irrecoverable and result in death.

Principles for Compensating Catastrophic Damage

In the judgment under review, the Court of Cassation reiterated that the compensation for catastrophic damage must be determined according to equitable criteria that take into account the severity of the suffering and the victim's specific situation. In particular:

• The damage must be personalized, considering the victim's awareness of their condition.
• It is necessary to go 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 compensation of 2,500 euros for each day of suffering, for a total of 7,500 euros, a figure that appears more appropriate compared to the previous award.

Conclusions

The ruling of the Court of Cassation No. 16592/2019 represents an important milestone in Italian jurisprudence regarding the compensation of catastrophic damage. It emphasizes the need for a fair and personalized assessment of psychological suffering, underscoring 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 crucial for jurists and professionals in the field to adhere to these guidelines to ensure just compensation in cases of catastrophic damage.