Compensation for future pecuniary damages for the loss of a minor child: an analysis of Order no. 30775/2025

The premature loss of a child represents one of the most profound tragedies that can strike a family. Beyond the immense moral suffering, the passing of a minor also entails strictly economic and legal implications. The Court of Cassation, with the recent Order no. 30775 of November 23, 2025, has returned to address a delicate issue: the compensability and criteria for quantifying future pecuniary damages due to the relatives of a minor who died as a result of a tortious act. The ruling provides important clarifications on how judges must evaluate the potential economic contribution that the young person could have offered to their family had their life not been cut short.

The case and the decision of the Court of Cassation

The matter arises from a claim for compensation filed by the relatives of the deceased minor, specifically by P. (represented by M. M.) against P., following a tragic harmful event. The Court of Appeal of Florence had previously declared the appeal inadmissible, prompting the parties to appeal before the Supreme Court. At the heart of the debate is the determination of future pecuniary damage, a complex head of damage as it is projected into a time that could not come to pass. The Court of Cassation took the opportunity to reiterate the key criteria that must guide magistrates in this complex estimation process.

The principle of law of the Supreme Court

Future pecuniary damages, compensable in favor of the relatives of a minor who died as a result of a tortious act, are to be identified as the loss or diminution of those pecuniary contributions or economic benefits which—both in relation to legal precepts (arts. 315, 433, 230-bis of the Italian Civil Code) and to life practices, characterized by ethical-social rules of family solidarity and custom—the individual who passed away prematurely would presumably have provided, according to a criterion of normality, based on an assessment that also makes use of presumptions and data derived from common knowledge and experience, with regard to all the circumstances of the specific case.

This important principle highlights how future damage is not mere speculation, but a legally compensable reality based on reasonable probability. The Court emphasizes that the economic contribution the minor would have provided in adulthood does not need to be proven with absolute certainty, which is impossible for obvious reasons, but through a prognostic judgment based on presumptions and maxims of common experience.

Evaluation criteria: family solidarity and presumptions

To reconstruct what the child's economic contribution would have been, judges must take into account various regulatory and social factors. In particular, reference is made to:

• Legal duties: articles 315, 433, and 230-bis of the Italian Civil Code, which govern the duties of children toward their parents, the obligation to provide maintenance, and relationships within the de facto family or family business.
• Family solidarity: the ethical-social and customary rules that spontaneously lead family members to help one another in times of need.
• Concrete circumstances: the social background of the family, the studies undertaken or foreseeable for the minor, and the economic situation and age of the parents.

Recourse to simple presumptions (art. 2727 of the Italian Civil Code) and common knowledge therefore allows for the lack of direct evidence to be bridged, structuring a compensatory framework that is equitable and consistent with social reality.

Conclusions

In conclusion, Order no. 30775/2025 of the Court of Cassation stands in perfect continuity with previous jurisprudence, confirming that compensation for future pecuniary damage resulting from the loss of a minor relative requires a comprehensive and personalized assessment. It is not a matter of applying cold mathematical automatisms, but of interpreting the dynamics of family solidarity with legal sensitivity, thereby ensuring full and concrete protection for surviving family members in the face of such a devastating loss.